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Mayur   30 May 2016

Delay in possession of flat - mumbai

I had purchased flat in July 2015 which was nearing possession. Our deal was to pay 95% amount within 2 months i.e. by sept 2015 and builder will give possession by Oct 2015. I had completed my payment by Oct 2015 end. But till date I have not recd. the possession, however builder has completed the building by Jan 2016 but not able give the possession saying that original tenants are insisting to give possession only after obtaining OC. But since Jan 2016 no one is bothered to complete the procedure of applying OC, builder is saying that tenants are not signing the documents and tenants are saying that builder is not co-operating with them. However builder is continue to give them rent inspite of non signing of documents by the tenants. I am not getting proper answer from builder and I ended up in paying loan EMIs as well as rent. I want to know : 1) Whether society (old tenants) can stop builder to give possession of his saleable flats? 2) Can I demand compensation for delay in possession? However in agreement builder has mentioned that if I delay payment he will charge me 21% interest and no compensation will be given in case delay in possession. Also he has mentioned wrong possession date as 01/03/2011 instead of 1/11/2015. Please guide me for this matter.


 2 Replies

Kumar Doab (FIN)     30 May 2016

Engage a very able counsel specializing in such/property/civil/consumer matters.

Go thru options of :

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

https://mhupa.gov.in/writereaddata/Real_Estate_Act_2016.pdf

DCDRF

Kumar Doab (FIN)     30 May 2016

pfa

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

 

 


Attached File : 60926 20160530171158 515987161 real estate act 2016.pdf downloaded: 58 times

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