1) your claim is not barred by limitation
2) you cna file complaint against builder before RERA seek orders to direct builder to deliver shop within prescribed period of 3 months or so
3) to pay you compensation for delay in delivery of possession
Not Getting Possession of Shop from Builder
I was entered into a Unit buyer agreement dated [deleted] in respect of shop on second floor of the mall. In the agreement seller specify that he will handover the possession on or before 30th September 2014 within a maximum grace period of 4 months from the date of execution of the Unit buyer agreement. But builder till today date ([deleted]) has not handover the possession. Is it time limitation barred? or can I move to the court for possession, interest or refund? Now please specify which legal remedy I have? Thanks
Asked 7 years ago in Property Law
Religion: Hindu
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11 Answers
- As per the information mentioned in the present query, makes it clear that you have been cheated by the builder.
- Now, if you move the RERA, then you won’t be having any limitation there with respect to time.
- But, if move to court of Civil law then you may have to see the last time when you intimated the builder about the possession or cancellation of the agreement. It should be within the span period of three years as per limitation act.
Please file RERA complaint immediately and claim interest and penalty for delay in handover of possession
you can claim compensation for delay possession from your builder by issuing a legal notice and if they have failed to do the same, you have to approach consumer forum for the same.
You can also file civil suit for recovery of money and claim refund of money along with interest.
Dear Client,
Its continues cause of action, can seek possession or compensation and refund with interest through consumer court.
1) You may complaint in RERA and Consumer Forum of your city and get all compensation aling with possession of shop from builder.
See you can file a consumer complaint agaisnt the builder see the cause of action can be shown as continuous that builder regularly assuered you annd delayed so it wont be time barred. The consumer complaint can be filed with the prayer seeking wither complete refund with interest , legal fee and compensation alternatively the possession of shop with delay compensation and legal charges incurred.
1. The act of the developer is nothing but an instance of deficinecy of service for which there is ni time limit as failure to handover possession of the proeprty already purchased has continuing wrong.
2. So without further delay file a case before the consumer forum and seek its delivery of possession and execution and registration of a deed of coveyance. in the said forum you will get additionally damages and compensation as well.
If this builder and the particular mall project is registered under RERA, I will advise you to file a complaint in RERA.
In this matter, you can also give a legal notice to the builder before filing any case against him.
You can file your complaint with consumer forum or state consumer dispute redressal Commission as the case may be depending upon the value of the property the the cases of the value exceeding rupees 20 lacs goes to goes to the state commission.
The Liberty with you is also to file a criminal complaint case against the Builder in the court under Section [deleted] of IPC
You can very well move court or consumer forum against this delay in delivering possession and also may claim penalty as well for the period of delay in handing over possession
