• 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 10 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
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
23195 Answers
1218 Consultations
5.0 on 5.0
Hi,
File a consumer case against the Builder for delay. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
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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
18088 Answers
448 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
23195 Answers
1218 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
23195 Answers
1218 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
18088 Answers
448 Consultations
5.0 on 5.0

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