The delay is calculated from the date when the builder promised to give the possession to you.
You may get in touch if a case if State Consumer Forum has to be filed.
Regards
for filing a case in consumer court for delay in handing over the flat .two years time is calculated from the date of possession or the date of registration when the registration is done after possession
The delay is calculated from the date when the builder promised to give the possession to you.
You may get in touch if a case if State Consumer Forum has to be filed.
Regards
Has builder obtained OC ?
2)Builder can deliver possession only after obtaining OC and execution of registered sale deed
3) period of 2 years would be from date of possession
The period of limitation would be calculated from the date of possession, but in your case the cause of action continuous to accrue if you had made any sort of representation to the builder regarding this issue.
Delay, if any can be condoned by the court in such cases when an appropriate application under section 5 of the Limitations Act is filed with the complaint.
If possession is not delivered on time, a purchaser can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder
Dear Sir, instead of approaching consumer forum for your grievance. You can approach RERA or NCLT to have a speedy redressal.
The registry of the flat was delayedby the on one pretax or the other
You can definitely file a complaint him for deficiency in services and unfair trade practices adopted by him in Consumer Court for the said actions under the Consumer Protection Act, 1986.
From the date the flat was promised to be handed over to you. The time from delay though consumer court will condone the delay if any.
approach RERA, it is better than approaching consumer forum.
RERA has a bench in NOIDA now.
Two years for handover of possession will be calculated from the date of allotment.
In consumer cases, the cause of action is usually continuing. You may refer to the following article:
https://timesofindia.indiatimes.com/city/mumbai/No-time-limit-to-move-court-against-builders/articleshow/30922945.cms
And the court usually condones the delay if any.
Regards
delay will be calculated from the date of promised date of possession till handover of actual possession
registration date is not relevant
Limitation shall be count from date of delivery, time barred, no use to in appeal.
And matter is of Before RERA came into force, so no relief from RERA .
Date of registration shall be taken for consideration and not possession;
The possession may be before or after registration.
You will become owner only after the property is registered on your name.