• Not handing over flat on time

I invested in a property (flat/ 2 bhk) in Pune and the date the flat to be handed over as per the agreement was Mar 2016, It has been 1 year past the date and yet the flat has not been handed over siting reasons that the clearances and certain finishing issues are balance. I have completed all payments expect the last one a nominal amount to be paid before possession. What is the course available to penalise the builder?
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

File complaint against builder before consumer forum and seek orders to direct builder to deliver possession within stipulated period

2) also seek interest for delay in delivery of possession

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

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. The deficiency of any service in building constructions is a ground on which you can seek remedy from Consumer forum.

2. So to calim such damages you can file application u/s 17 of the Consumer Protection Act.

3. So you can seek this legal recourse.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) enclose copy of sale deed wherein period for delivery of possession is mentioned

2) also copy of correspondence exchanged with builder

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Delay in delivery of possession in a building is one of the most commonly faced and frustrating problems for a property buyer. As in any legal matter, you should posses evidence to prove your stand or allegation. Get all papers and documents ready—advertisement brochure, booking receipts with payment details, any letter sent by the developer, signed agreement, all payment details, emails exchanged, photographs collected, and others. Avoid verbal communication. Buyers should always send a legal notice before approaching any forum or court with their grievance. They should have taken objection with the builder against violations or illegal demands by sending a letter so that evidence can be created in their favour to be produced at the time of proceedings

If the builder delays the completion of the construction beyond the stipulated time, you are entitled as a property buyer to seek a refund from the builder. Demand compensation from builders for construction delays

. If you are buying the property for personal use, you can file a case in the consumer dispute redressal commission at all the three levels i.e the district , the state and the national commission depending on the value of the property or the amount of damage you have suffered. Any dispute over 20 lakhs can be directly filed before the State Commission and any dispute over 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than 20 lakhs has to be filed in the District Commission in your District.

when the work is completed, the home will be fit for occupation. As per this law, you are entitled to take action for delays. e. Please remember that before you take any action, it is always advisable to send a legal notice to the opposite side giving them a chance to respond. Once a legal notice is sent, the builder may take action to solve the problem, and you can save the needless time and expense involved in going to court

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. you should file complaint before the district consumer forum.

2. you can claim compensation for delay, amount of interest paid by you after the due date for transfer of possession and cost for the case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

for the online filing of complaint you have to upload:

1. sale deed or agreement of sale.

2. your ID proof and Photo

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Serve a lawyer's notice initially tot he builder/developer to deliver the possession. If he does not do so within a week then you may move the consumer forum to seek delivery of possession with damages for mental agony. Delay in delivery of possession beyond the promised time is an act of deficiency of service, hence actionable before the consumer forum.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Dear Querist

first of all issue a legal notice to builder and if the builder is not ready to give you possession of your flat within notice period then you may file a complaint before consumer court and claim compensation along with the possession of your flat.

Booking agreement, builder buyer agreement, payment receipt, legal notice and postal receipt of notice will be required at the time of filing case before consumer court.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

I have completed all payments expect the last one a nominal amount to be paid before possession. What is the course available to penalise the builder?

You may through the clauses in the sale agreement about the delay in handing over possession or completion of construction.

You may verify the penalty clauses wherein it would be mentioned that you are having rights to claim penalty for the delay in completion of construction and handing over possession beyond the stipulated time period.

You may issue a legal notice demanding the penalty for the period of delay and if the builder is not responding or not complying with the demands made, you may drag him to consumer forum for reliefs and remedy.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

When filing the complaint on-line, What all documents do I need to attach along with the complaint?

You do not have to attach any document while registering the online complaint, you may have to produce the copies of the documents you rely upon during the personal appearance.

The documents that you rely upon shall be the sale agreement, receipts for payments, the copies of the correspondences between you and the builder etc., including your legal notice.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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