• Delay in handing over the flat in complete form as per agreement

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
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir, instead of approaching consumer forum for your grievance. You can approach RERA or NCLT to have a speedy redressal.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The date of handing over in the agreement has to be seen from that the time can be calculated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should not have taken possession of flat until registered sale deed was executed in your favour

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

In that case,.You should approach RERA. All other options are time taking.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

It's continous cause of action . Can be filed now and can complain to RERA also.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Approach Consumer Forum/RERA.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

delay will be calculated from the date of promised date of possession till handover of actual possession

registration date is not relevant

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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 .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

The registry of the flat was delayedby the on one pretax or the other

You can compute the period of delay from the date of registration of the proeprty to your name to file the proposed consumer case.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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