• Builder ignoring penalty clause and communication

I booked flat in mohali on 9th april 2015 and promised delivery date and 6 months grace period has passed. I was entitled to Rs 5/sqft but builder is ignoring that as well as not providing any tentative possession date.

Please advice me as how to proceed further. Can I opt out of scheme as delay seems to be never ending.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) you are at liberty to cancel your booking

2) seek refund of your money paid with interest

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1.Yes due to unprecedented delay and no ;cer assurance you can always come out of the deal.

2. In that event you will have to send a formal notice of cancellation and then ask for refund along with all interest.

3.if the builder refuses to do so you can file case beofre the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If the delay is inordinate and unreasonable and due to the fault of the builder, you may issue a demand notice seeking to pay the penalty invoking the clause that has been incorporated in this regard in the sale agreement.

If the builder is not responding or not complying with the demand made, you may drag him to the consumer forum with a complaint for deficiency in service and also for compensation for this besides for the mental agony you suffered due to this.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

First you may issue a legal demand notice to the builder, wait for his response.

If the response is not satisfactory and there is no settlement in sight, you may initiate legal action through court.

The court case may take at least one to two years depending on various factors.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

it will take 2 years for case to be disposed of before district consumer forum

2) it all depends upon pendency of cases before consumer forum

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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