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sai nadh   19 May 2021

Delay in possession and construction of the apartment

Hi team,

I booked an apartment on November 2019 in a gated community of 160 flats and paid the deposit to get agreement on december 2019 , My flat got registered in December 2020 and my emi i s also getting paid as the builder took 75% loan amount as first release of loan, the possession mention in sale agreement was for 1 year after agreement that is dec 2020 and 6 months grace period that is June 2021, but now i can see there is no progress done from builder and he is telling he will finish by end of year now, he is unresponsive at times and no work is being done now, there are 150 flats and all the buyers have possession dates even for dec 2020 but a till now they didnt get flat, can you help me how to proceed on this and when can we take action and next steps? i was worried because the construction is not happening and the other flat owners who are paying emi from 2 years back also didnt get flat till now, this is impacting me financially and mentally.
thank you in advance.


 1 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 May 2021

While Lockdown / partial lockdown is going on in India due to Covid pandemic situation,it comes under Clause force majeure so under the present situation that Builder is entitled to claim the grace period until and unless the situation becomes normal for construction work.

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