• Can a builder give two differnent possession dates

Hello 

I need to know can a builder give a two different possession dates to Two different Buyer of same Tower. E.g 
one Buyer had booked a Flat in Tower A 702 in 2015 and Possession date is given 2018 +-6 Months
Another Buyer had booked a flat In Tower A 801 in 2012 and Possession date is given 2015+-6 Months .
Can it be considered as fraud . If that is a fraud can I know what Civil Law states . I need to know the clause no in Law if that is a fraud .
Asked 7 years ago in Civil Law

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5 Answers

1) at time when first flat was booked builder must have been confident of giving delivery of flat in 2015 with 6 months grace period

2) subsequently ground realities must have changed hence builder given delivery date of 2018 plus 6 months grace period

3) in such a case builder is required to compensate purchase for delay in delivery of possession

4) it cannot be considered as fraud

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. There is no legal hindrance in giving separate dates of possession to different buyers.

2. However since there is huge time gap between thr two dates of possession a reasonable suspicion arises.

3. if the proeprty is under constructions and should be completed within 2018 then you should proceed to buy this.

4 . It may happen that it was scheduled to be completed in 2015 and hence the said date is given previously. But later when it got delayed builder has given changed date.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. There is no provision of law which stipulates that possession of flats located at the same tower shall have to be given on the same day.

2. The matter can be dealt with issue/case wise i.e. if all the flats in the tower are not ready in finished condition, then the builder can argue that he will give possession only after finishing the flats which will take the required time.

3. If the the brochure/agreement for sale stipulates that the possession of the flats will be handed over only after completion of all the flat of the tower then only you can claim that possession of your flat also should be handed over to you at the same time along with the other f;lat owners after collecting the agreed consideration from you.

4. Actually the builder is the right person to state why is he not handing over possession of the flat if it has already been finished.

5. From the query it appears that the builder is taking 3 years time to hand over the flats after taking the bookings for which no charge of fraud can be brought against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Concerned,

Yes builder can give different possession dates to different buyers but not as big a mentioned in your notes it may differ maximum from 1 to 3 months.

There seem to be some error, before pursuing any legal action it is advisable to speak with the developer and take a clarification on subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

The question is not about the fraud by the builder.

A person booked a flat had been given a tentative date for possession and for another who booked later, the date of possession would have been on a later date.

If you are agitated over the possession date to you i.e., despite the construction is completed, then you may protest and even drag the builder to consumer forum seeking to redress your grievance.

Your feelings of inordinate delay and unjustified reasons are understood, but instead of agitating over the issues you can vent out your grievances and seek reasons or demand the relief by serving him a legal notice and then resort to further legal action against the builder if he still remains silent over the frustrations caused to you.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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