Dear Advocates, My apartment pocession is delayed by 2 years. OC is still pending and builder started registration. Now builder is not ready pay any compensation, though they are not denying in any of my communication (email), they are simply ignoring my queries and further delaying my flat registration. Should i register flat and then file complaint or should i do it now ? If i file compliant now, will this delay my flat registration further ? Please help. Thanks, Sridhar
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1. Without OC the building cannot be occupied in the first place.
2. Serve a lawyer's notice to the builder to obtain OC and deliver the possession. If he does not heed it then move to consumer forum against the builder to recover the amount paid to him with compensation.
3. Get the flat registered and then initiate the legal process.
Hi, I have folow-up question: As per builder flat is ready for possession, i checked flat last week, it is not ready to move-in, work is still going on. In this case, how will we calculate compensation ? My agreement has compensation clause which says till date of possession. How is compensation calculated if possession date and move-in dates are different.
1.if the delay was caused solely for the builder then you are entitled to compensation.
2.So send him a legal notice seeking compensation and damges for the delay caused by him.
3.if he refuses you can file consumer case where you will get desired reliefs..
The compensation is calculated as per date of possession mentioned in the builder buyer agreement .. The builder cannot offer posession till he gets OC ( occupation certificate ) from the concerned authority .. There is no move - in date ..
Register flat in your name
Then sue builder and claim compensation for delay in delivery of possession
You are entitled for compensation for delay of 2 years in delivery of possession
Builder cannot offer possession until OC is issued
2) builder is bound to obtain OC then offer possession
Compensation is not calculated with mathematical precision. You can claim any amount you want. It is for the court to quantify it.
Compensation is calculated from the date when the builder promised you the possession.
Regards
The builder cannot delay in executing the registered sale deed for any reason.
If the delay is inordinately delayed, you may issue a legal notice demanding immediate registration and also can claim compensation for the delay in handing over possession.
You can refer to the sale agreement conditions in this regard.
You can compute calculations for the period of delay till the date the builder hands over posssession to you.
Different persons would be having different dates of taking possession.