• Delay possession

Sir, i booked my flat in 2012 . Builder was supposed to hand over possession by Dec 16. Still possession not offered. I applied in state consumer forum for refund but due to unprofessionalism of my lawyer i had to withdraw my application with a liberty to file fresh complaint.. My lawyer filed in lower forum but compasstion amount + amount Paid to builder went beyond the limits of forum..Laywer didnot added compassion amount to actual amount paid. Hence i got de motivation and didnot filed in higher forum...now after one year of patience my tower in at nearing possession but total project is far from completion.... Now Can builder offer tower wise possession? Or should i file in higher forum again or wait to take possession ?
Asked 6 days ago in Property Law from Chandigarh, Chandigarh
Religion: Hindu

1) You can make complaint in RERA office as well and Higher Forum accordingly you cost spend on to purchase the flat.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

A delay of 6-12 months is quite common, but anything beyond that is a cause for concern, and may cause financial loss to you. In this case of considerable delay, you should file a consumer complaint for 'deficiency in service' as defined under the Consumer Protection Act, 1986 against the builder. 

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

Hello,

 

Now you may also file the case before RERA, and you will get the relief easily and early. 

Get in touch with a local lawyer and file a complaint before RERA at the earliest. 

You have a strong case.

Also, you may your self fight the case before RERA, if you do not wish to engage an advocate. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

See first of all builder can offer tower wise possession secondly you should engage a good advocate and you can file a RERA complaint for the delay compensation or you can file a consumer complaint with the proper forum.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

What's the status of your complaint filed in the District Forum?

If the same is pending, you have the option of withdrawing the same and approaching RERA.

I will advise you to re-tender a legal notice to the builder and thereafter approach RERA. 

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

File complaint against builder before RERA and seek orders to direct builder to pay you compensation for delay in delivery of possession 

 

2) builder can offer tower wise possession 

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Its on you if you want to wait and get possession still you can file against the builder for delay in possession after getting possession. If not you can still file in appropriate forum without talking the possession.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

You have to lodge a complaint in rera and a fresh complaint in the state consumer dispute redressal commission in Lucknow against the builder are the amount paid Plus legallegal charges and compensation if you wish you may call me after taking detail from this site to file a case in state consumer  dispute redressal Commission.

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

File RERA complaint instead of consumer complaint 

Its quick

You can seek interest and compensation from builder for delay in handover of possession 

Yusuf Rampurawala
Advocate, Mumbai
2501 Answers
8 Consultations

5.0 on 5.0

Hi, it is advisable to file a complaint at RERA ( real estate regulatory authority ) for seeking interest and compensation over delayed posession by the builder 

Hemant Chaudhary
Advocate, Gurgaon
3923 Answers
17 Consultations

4.9 on 5.0

The builder can very well handover tower wise possession also.

You may wait if you see some ray of hopes, if not since you already have permission, may approach consumer forum once again for relief and remedy.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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