Builder failed to give possession

Dear Sir , we were alloted flat by builder - M/s Ansals API in their project in Aquapolis ( Dundahera , Distirct- Ghaziabd , NCR ) in the year 2007 and as per agrement the project was to be completed in 3yrs time i.e. 2010 . 
Flat cost was Rs 34.17 lacs & by june 2008 , more than 60% payment was already made in various installments. over frivolous reasons threat of cancellation of the flat was being made by the builder despite the fact that the progress was far less than the amount already paid. Further , meeting was held in June 2015 to stress that threats of cancellation are baseless and to either refund the amount paid by us or to give the possession of the flat . We were assured that if Rs. 10 lacs more is paid by us , the possession will be given in a yrs time . We thus immediatedly made the payment of Rs. 10 lacs which is about 95% of the cost of the flat. However so far no sign of completion and thay have stopped responding to our communication. It is signifiacnt that as per agreement , builder stated to claim 18% interest for delay in payment by us. On reciprocal basis present day cost of our claim ( amount paid + 18% interest ) comes to more than 1.5 Cr. All the assurances given by the builder have proved futile. Kindly suggest the legal remedy for above matter.

Asked 5 years ago in Property Law

Religion: Hindu

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7 Answers

If possession is not delivered on time, a purchaser can send a notice to the builder, claiming 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,”

The flat purchaser is required to file a written complaint before the appropriate consumer dispute redressal forum set up under the act, depending on the value of the property, or the amount of damage he has suffered. Any dispute over Rs 20 lakhs can be directly filed before the State Commission and any dispute over Rs 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than Rs 20 lakhs has to be filed in the District Commission

Mohammed Mujeeb

Advocate, Hyderabad

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Issue legal notice to builder to deliver possession of flat

2) claim interest for delay in delivery of possession

3) if builder flails to deliver possession complain to RERA and seekorders to direct builder to deliver possession within stipulated period and also seek compensation for delay in delivery of possession

Ajay Sethi

Advocate, Mumbai

94719 Answers

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As the Builder has failed to fulfill his part of the agreement executed between you and him, you are liable to claim entire refund along with interest and compensation for the delay caused due to the the deficiency in services by the builder.

For this, the first thing that you need to do is to issue a legal notice to the Builder asking him to repay the entire amount along with interest and compensation within 15 days of receipt of the legal notice.

If the Builder fails to adhere even after receiving the legal notice, you can proceed to file a complaint against him in consumer court wherein you can claim the aforementioned reliefs along with litigation charges.

Alternatively, a complaint can be made under RERA, seeking same reliefs against the builder.

Siddharth Jain

Advocate, New Delhi

6303 Answers

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Sir file a complaint against the builder with police for cheating and breach of trust further approach NCLT as financial creditor to recover you amount give a demand notice to builder if they refuse to return the amount file insolvency petition . This would be fastet medium to recover the cost.

Shubham Jhajharia

Advocate, Ahmedabad

25514 Answers

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This is my response to you:

1. Firstly let us know if there is CC and OC obtained by the builder. If CC is not obtained you can approach the RERA office;

2. If no, then you can always send a legal notice;

3. Since it is not RERA registered, you can always approach the consumer court;

4. Consult a local lawyer, with full facts, all the property papers and then take legal steps.

Gowaal Padavi

Advocate, Mumbai

1920 Answers

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Talk to Advocate Gowaal Padavi

Fit case to approach RERA/NCDRC in the present matter.

As there are no signs of completion of this project, it is advisable that you make a prayer for refund of your deposit along with interest and the damages and compensatiuon towards mental harassment faced by you