• Delay in taking possession of fully paid flat from builder

Due to marital discord between the husband and wife, who are co-owners, the taking over of fully paid flat located at Bangaluru financed through bank loans and therefore its registration was delayed.
The builder is now asking for a heavy penalty including interest thereof now, when the party has approached for registration.
He has informed when the flat was ready, though late as per terms.
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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13 Answers

This is my response to you:

1. If there was dispute does not mean that neither of them should intentionally delay the registration;

2. Therefore to that extent they are liable;

3. But if the delay was unintentional or the current flat was a dispute in the court then the builder cannot ask for compensation;

4. If there is any terms of conditions in the allotment letter that the builder can seek penalty then only the couple is bound by it and not otherwise;

5. Therefore engage a lawyer and let him/her read the terms and conditions and figure out if there is any penalty clause in the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

you are liable to pay penalty as per sale deed for delay in taking possession of flat

2) bargain with builder to reduce penalty levied by him

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

amicable settlement with builder is best option

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Sir the builder has nothing to do with the martial discord as both husband and wife as individual has agreed to the terms in the sale agreement.

The builder can levy the penalty you can for best course negotiate with builder to lower the penalty amount and settle the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if the flat was delayed and builder too breached the condition then you can serve builder notice for delay in the completing the construction so that both can mitigate and settle for registration

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

file complaint against builder before consumer forum and also you can file a complaint before RERA.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

You can file FIR for cheating u/s 420 CrPC. He cannot ask for amount other than agreed for sale of flat.

You can also complain to RERA. and Consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firslty, as you stated that now he has been asking for the heavy penanly due to the delay in the same.

Secondly, I advice you to give him a notice to return all the money due to delay at his part, but only if you have not taken the possession.

Thirdly, then there are chances that he may allow for the registration as he is not entities for such penalty amount as per law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file a consumer complaint against the Builder for not giving you possession even after the complete sale consideration was paid to him as his charging exemplary penalties without any justification amount to deficiency of services and unfair trade practices adopted by the Builder to extract unjustified amounts from you.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You also have an option of approaching RERA for taking action against the high handedness of the Builder.

You can also file a police complaint, but chances of success in the criminal matter are very less, since this is a consumer/civil matter, but that can create pressure on the builder and moreover, it hardly costs anything. So, it's worth a try

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

This is always two way system if you wish to take penalty for the late position offer builder is similarly charging penalty for late possession as per the agreement to sale you need to settle down your domestic issues and get the position of the property after registration eventually you will be bound to pay the penalty please speak to the Builder in case you can provide you some relief

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The matrimonial dispute between the parties to the purchase of flat cannot be an excuse for the delay in getting the flat competed construction and awaiting possession and registration.

However you can give an explanation in writing to the builder that owing to the disputes it was not decided earlier.

Let him consider the reasons for delay which was beyond your control, if not you have no option than to negotiate the penal interest to reduce the same to some extent.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

What are the courses of action in this case?

No legal action or course is available if the reasons for delay is from your side except to humbly request the builder to waive the interest owing the external factors which were beyond your control and convince the builder at least to reduce the penalty imposed.

Legally, until it is the fault of the builder, you may not get any exemption in this regard.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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