• Delay in handover of flat

I had booked a flat in apartment complex consisting of seven blocks, with each block having nine floor. The project is located in Bangalore.

As per the construction Agreement, the flat was supposed to be handed over to me by Nov 2015, with an additional grace period of 6 months. After 6 months grace period the builder agrees to pay Rs 5 per sq. ft.

As can be seen, the project is beyond schedule, and even after expire of grace period, I have not got possession of the flat. The builder had made multiple promise to finish the project and handover the flat. The last committed date was in Dec 2016.
I have paid near about 80% of the cost, and I have bank loan too.

Timeline of the activities
Feb 2013 --> Booking of the apartment, and signing of construction agreement
Feb 2016 --> Last payment done, towards the internal plastering work.

I feel that, due to this delay, I have suffered both financial loss, & mental suffering.
 
1. What options do I have
2. What is the legal meaning of possession of flat, since the builder will take several more months to finish the entire project, and there is no clarity on when builder can provide the occupation certificate. Note: OC is a requirement under the Karnataka Apartment Ownership Act, 1972.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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8 Answers

1. Refer to the sale agreement to find out whether there is any penal clause for delay in possession.

2. in any event whether such clause is there or not you can file a case before the consumer forum wherien you can ask for delivery of possession, registration of sale deed and damages and compensation for the delay arising out of it.

3.You can ask for OC as well.

4. DO note that the consumer forum us all likelihood is going to grant you such reliefs.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) builder can hand over possession of flat only when building is completed as per sanctioned plans and OC is issued by BBMP

2) you can file complaint before consumer forum and seek orders to direct builder to handover possession of flat within stipulated period

3) seek compensation for delay in possession of flat and also claim litigation costs

4) if you are staying in rented flat also claim rentals from the builder

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hi, you have to file a consumer complaint against the builder for deficiency of service before the consumer court seeking direction from the court to handing over the possession of the apartment or else you can also ask for refund of the entire amount paid to the builder with interest and damages.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1. Send a lawyer's notice through your advocate to the builder to deliver the possession immediately, and he fails to comply with the notice, then file a consumer complaint before the consumer forum for deficiency in service.

2. You are entitled to refund of the entire amount with compensation for delay.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have the option of filing a complaint case before your local district Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming the amount to be paid for the delay in providing possession of the flat with interest, damage and cost.

2.Possession of a flat in legal term indicate, handing over and taking over possession of the flat which has been agreed to be purchased as per the given terms. So, while taking possession, it shall have to be ensured that OC for completion of construction of the flat as per sanction has been obtained by the builder from the sanctioning authority.However, some times it also becomes necessary to take over possession first after spending huge amount to unscrupulous builder and then file consumer case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Immediately issue a legal notice to builder and claim possession along with the compensation for delay possession.

If they are not ready to settled the matter amicably with you within notice period then file a complaint against builder before consumer court.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Your options would be;

a) Issue a legal notice to the builder asking him to pay compensation at the agreed rate, while giving a committed date for completion, failing to do so, seek cancellation due to excessive delay and refund of the entire amounts paid by you together with interest @ 18% p.a till realization.

b) if after receipt of the notice, builder fails to comply with your demands, then proceed to file the consumer complaint before the appropriate consumer forum seeking for compensation, or cancellation and refund of the entire amounts paid by you, along with litigation costs as well.

Putting you in physical possession of the flat is known as "Possession" in the legal sense.

After putting you in possession, the builder may provide the OC as contemplated under the Karnataka Apartment Ownership Act, 1972.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. As per agreement the builder has to compensate you the loss by paying the agreed amount...................

2. You should not accept the possession of flat without OC.

It is illegal to accept possession without OC.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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