• Delayed possession

We booked a flat in 2013 and the possession was to be given in April 2015. However it din happen. The builder is still buying time and yet to deliver the flat.
The reason given are sand issues.. loss of labour.. demonization.. and the varadha cyclone etc. Now the issue is, when I mailed them to clearly state the dete of possession they said it will be done in March 2017, but till date no confirmation has been received.
I mailed them in regards to compensation tat the buyer would get coz of the delay in possession.. to which they replied tat it would be done as per the signed agreement.
The agreement states that there can be delay in delivery due to natural calamities and also economic issues like sand , labour etc. The builder will have a free hand to decide if he wants to pay compensation or not. This looks totally one sided. He case compensation is made it would be done at 10 rupees per sq.feet basis and also fr ppl who din delay payments.
We have taken loan so there is no issue of any delay payment from our side. I want to understand
 1.if There is something tat V can do coz till now there is no confirmation in terms of possession and compensation..
2. Should the builder notify clearly as to what steps would be taken from there end to compensate the loss.
3. I read somewhere tat in case of delay in possession the builder needs to pay some percentage to the buyer.. can u plz tell me how much tat would be fr flat in Chennai.
4. The flat is already registered in our name. What steps can I take now to ensure tat builder doesn't take advantage of the situation and pays fr the delay.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. This is common problem with most of the builders. So nothing to worry.

2.File a case before the consumer forum wherein you would be adequately compensated for the delayed possession along with damages which should take care for the loss arising out of delayed possession.

3.So meet a lawyer and act as per the advice above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) file complaint against builder consumer forum and seek orders to direct builder to deliver possession within stipulated period of day 6 months

2) also interest at 18 per cent fir delay in delivery of possession

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. There is a lot you can do. For time being issue a lawyer's notice to the builder to give him one final warning to deliver the possession forthwith.

2. If despite the notice from your lawyer the builder does not deliver the possession then you can file a case in the consumer forum to make the builder liable to deliver the possession and also compensation for the mental agony that you have been made to suffer. Failure to deliver the possession within the promised time is an act of deficiency in service which is actionable before the consumer forum.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have two options, i.e., to seek interest on monthly basis due to delay in completion of construction, the next one is to cancel the booking.

2. The builder will not do anything of that sort, instead he will keep dodging you on this issue

3. Yes the builder need to pay compensation for the delay in construction or completion of construction.

4. The Union government notified rules on Monday to implement the Real Estate Regulation Act (RERA), which will enable buyers who have invested in real estate projects -including existing ones -to secure interest at 10.9% per annum for delayed possession.

In case a buyer is seeking a refund, they will now be entitled to a refund on the entire payment at the same rate, and the builder will have to repay the amount within 45 days of a claim being made

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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