First of all, let me confess that I was a fool to have bought a flat without much research and signed the agreement blindly. Now, lets come to the issue
I bought a flat in Wakad, Pune in June 2012. Possession was promised in Dec 2013. It has been a year now, and I can see work happening at snails pace. Sales people at builder\'s office keep changing frequently. Customer care is not entertaining any of my queries. Very difficult times seem to be ahead and mental stress is affecting my health as already 95% payment has been made. Given below is the clause about possession in the agreement.
Clause starts
the promoters or owners shall give the possession of the unit to the purchaser/s on or before Dec 2013. If the Promoters/Owners fail or neglect to give the possession on account of reasons beyond their control and of their agents as per the provisions of section 8 of Maharashtra Ownership Flats Act, by the aforesaid date or the date or dates prescribed in section 8 of the said Act then the promoters or owners shall be liable on demand to refund to the purchaser/s the amount/s received by them in respect of the unit/s with simple interest at nine percent per annum from the promoters/owners received the sum till the day the amounts and interest thereon is repaid, provided that by mutual consent it is agreed that dispute, whether the stipulation specified in section 8 have been satisfied or not will be referred to the Competent authority who will act as Arbitrator. Till the entire amount and interest thereon is refunded by the Promoters/Owners to the Purchaser/s they shall, subject to prior encumbrances if any, have a charge on the said unit/s provided that the Promoters/Owners shall be entitled to reasonable extension of time for giving delivery of unit/s on the aforesaid date, if the completion of building in which the unit/s is to be situated is delayed on account of :
1. Non availability of steel, cement, other building material, water or electric supply
2. War, civil commotion, or act of God
3. Any notice, order, rules, notification of the Government and/or other public, court or Competent Authority
4. Changes in any Rules Regulations by laws of various statutory bodies and authorities from time to time then affecting the development and the project or unavailability of labour
5. Delay in grant of any NOC/permission/license/connection installation of any services such as lifts,electricity & water connections & meters to the scheme/flat/road NOC or completion certificate, the Promoters/Owners having complied with all requirements
6. Delay by local authority in issuing or granting necessary completion or Occupation Certificate, the Promoters/Owners having complied with all requirements
7. Delay or default in payment of dues by the Purchaser/s under these presents (without prejudice to the right of Promoters/Owners to terminate this agreement under clause mentioned herein above)
8. Any extra work to be carried out in the said accommodation as per the requirement and at the cost of the Purchaser/s
Clause ends
Now, I have some lingering queries as below
1. How can I play my cards to get the possession as soon as possible?
2. Can I go to consumer court in the current circumstances and demand for asap possession or adequate compensation?
3. Even if I go to consumer court, does my case stand a realistic chance?
4. Otherwise, what all options do I have to save myself?
