Sir firstly send a legal notice to buyer asking compensation and damages for delay along with mental harassment caused due to his deficiency in service. if on service of notice within 15 days builder donot pay your asked damages file a compliant before the Consumer Court for deficiency in services by builder the court shall grant you damages for delay along with compensation for harassment.

There are many number of cases where the consumer court has awarded significant amount on delay by builder to the consumer/ buyer and also cancelled the sale and builder has to refund amount with the interest.

Refer to link below you will find useful judgments and decision of Consumer court in similar matters.

https://www.legallyindia.com/views/entry/recent-judgments-on-delay-in-delivery-of-possession-of-property

http://www.thelogicalbuyer.com/blog/national-consumer-forum-orders-refund-at-18-percent-for-long-delays/

Hello sir , all the projects that had not received OC ( occupation certificate) at the time RERA act was enacted, comes under the provisions of RERA .. You can seek compensation by filing a complaint before RERA bench ..For further doubts you can contact me in person

It is in your interest to complete registration of sale deed at the earliest

2) builder can offer possession only after occupation certificate is issued

3) if you don’t take possession but delay taking possession and making payment to on time builder can charge you interest

4) if there is leakage in flat builder is bound to rectify the leakages

It is necessary to peruse your agreement entered into with builder to advice as to the course of action to be adopted by you

If you do not want to continue with the booking, it is yor decision to cancel the booking at this juncture where the building construction is almost complete in all respects.

You may communicate your decision in writing by registered post.

Whether the builder is RERA registered or not, you may approach RERA for relief agaisnt the builder, let them answer, because cannot take any excuse for not registering it with them since this may not be the only project he would indulged in, he may have to register the other projects also with RERA, hence he may take cautionary step when you approach RERA or you can drag him to consumer forum for relief and remedy including compensation for the delay in completion of the construction.

I had consulted a local lawyer for my friend maybe 2 yrs back but was surprised to see response from lawyer asking to compromise. Is this the same I should expect in my case.

I have been paying huge emi to bank n have been suffering at the hands of builder.how do I tackle it.

It is not necessary that you have to go by the opinion of the lawyer.

The lawyer might have advised your friend based on his situation and the circumstances prevailing at that time.

Your situation may be different and your decision is also based on the problems you are facing, hence it is your right to decide what you feel about it.

If you have not received the exact date of possession, then you can do the following:

1. You should collect the papers evidences relevant to your case;

2. You should collect evidences of advance payment made by you;

3. You should write a personal letter to the the builder asking him to pay you the advance booking and instead pay you compensation for loss;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been

wrongfully been cheated by the builder;

5. Since the agreement is not registered and there are faults in the building, you can also file a complaint before the RERA authority if the project is RERA registered;

6. Then last stage you can file a case in court whether a suit or consumer forum or an FIR in police station

I advice you to go to the civil court and file a suit for breach of the contract case, and pray to cancel the and plus compensation also as you have been troubled a lot.

Apply all above if he is not covered by RERA.

You send legal notice to the builder and ask for compensation and repairs. File consumer complaint,if problem is not solved.