• Delay in flat possession

Hi,

I booked an under construction flat on Feb 2013 in Pune by paying 20% of agreement value. Possession date given was March 2015. Builder told that he will register the flat in 10 days. After 10 days, He told that he will register once he gets a group of 5. After couple of months, sales person said builder is out of town for a month. And many other excuses till Jan 2014 verbally.

On Jan 2014, I got email saying they don't have environmental approval & hence, possession will be delayed by a year. We started checking updates on Maharashtra's website for environment clearance & hoped that we will get flat by March 2016.

Sales person gives excuses everytime, e.g. not getting appointment from EC, water NOC is not given etc etc. In the first EC meeting, EC committee raised 18 points, it got reduced to 12 points & now 6 points are pending! Construction is on hold & it may take another 2-3 years after EC clearance.

I need an advise, Since I don't have agreement with builder, what are my legal rights? Am I eligible to make any demand to builder & go to consumer court? Builder is ready to refund my money but I can't get similar flat in the same amount after 4 years! Please guide me what I should do.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. Verbal agreement is very much valid and legally enforceable.

2.The payments made by you is documentary proof of your verbal sale agreement.

3. So on this basis you can explore your legal rights.

4. The legal rights can best be explored in the consumer forum where you can file case for refund/possession along with damages and compensation.

5. So send the builder a legal notice stating the grievance asking for fulfillment of your demanda failing which you can file case beofre the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

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If the builder is ready to refund the money then take the refund under protest and then you may sue him in the consumer forum for compensation according to the existing circumstances for the mental agony and loss suffered by you due to the delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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you are entitled to refund of your money with interest

2) cancel the booking and seek refund with interest

3) if builder fails to pay file complaint before consumer forum also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

You have an option to get refund of the booking amount along with interest for the delay by cancelling the booking.

Since the builder is unable to complete the construction in the near future and there is no sight for any tentative date or period for completion of construction, dragging the builder to consumer court demanding for an expeditious completion will have no impact and the case itself will drag on for years by then the builder will complete the construction, but you will be left at loss of the litigation cost, waste of time and energy.

Instead it is advisable that you opt for cancelling the booking and get refund immediately if the hbuilder is ready to return the same.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

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