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Vishal garg (employee)     11 August 2014

No possession date in mou and provisional allotment

Sir/Madam My mother bought an apartment/flat in Noida Extension. Builder initially said that they will give cllotment no. and date of possession at the time of signing of MOU and took 50% of the total cost, but did not give any of this at the time of signing of MOU and said that they will give confirmed allotment no.  soon and will also give date of possession soon. But after waiting for one year and much persuasion, they give us only provisional allotment no. of flat . The have still not given us any date of possession of flat. Now please tell me :

1. Is it mandatory to provide confirmed flat no. at the time of signing of MOU and if yes, under which law.

2. Is it mandatory to provide date of possession at the time of signing of MOU and if yes, under which law.

.

regards

Vishal Garg



Learning

 1 Replies

B.T. RAVI (LEGAL MANAGER)     14 August 2014

A. Yes, date of possession and flat details should be provided to the buyer.

B. Issue Legal Notice to the builder to provide the flat details as per the approved building plan.

C. Date of possession is very much essential at the time of execution of MOU agreement. Hence, you are entitled to get compensation from the builder due to delivery possession delay. So you can approach consumer forum with respect to the same. In so many cases, CF ordered compensation due to delay of flat handing over to the buyer.


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