• Delay in possession of flat

I had booked flat 3 years back Area 318 sq feet price Rs 1176000 (eleven lakhs seventy six thousand) sale agreement value in panvel . The sale agreement had been registered under Maharashtra ownernewrship Act 1971 in registrar office panvel Developers Name :Tirupati balaji builders and developers . loan Rs 827000 had been sanction by Gruh finance ltd (housing finance company) and loan amount 644000 had been disbursed by housing finance company the builders had completed 80 percent work and work had been stopped , I had paid 80 percent amount a approx Rs 993000 (Rs 6 44000 * loan disbursed by finance company + Rs 349000 (by self fund) builders delaying possession. the builders had not mention date of possession in sale agreement .what can I do what are the various option ?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) you can request builder to give in writing when construction of building would be competed

2) if builder fails to reply you can move consumer forum against builder and obtain orders to direct building to be completed with specified period

3) in the alternative you cancel your booking and seek refund but most builders are facing financial constraints and you wont get refund easily .

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

File a consumer case against the Builder for delay.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

If no date of delivery of possession is set out in the agreement then the same is to be done within a reasonable span of time. You should issue a lawyer's notice to the builder to seek delivery of possession, and if this does not produce the desired result then file a lawsuit to claim delivery of possession with compensation for delay. Alternatively, you may cancel the agreement to claim the recovery of paid amount with compensation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) dont cancel the booking you wont get your refund as builder is behind bars

2)since builder has already sold flats and created third party rights your building wont be sealed

3) better flat owners come together to complete construction form society

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

) dont cancel the booking you wont get your refund as builder is behind bars

2)since builder has already sold flats and created third party rights your building wont be sealed

3) better flat owners come together to complete construction form society

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The building cannot be sealed unless the assets are to be attached in pursuance of a criminal investigation or the execution of decree.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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