• Not giving possession in committed time

I booked my 625 sq feet 1 bhk flat from supertech in yamuna expressway in 2012. In agreement company commited to give possession in may 2015 otherwise it will give the penalty of 5/- per sq feet per month. Bt time already passed bt they neither give the possession nor the penalty. Bt now I want to withdraw. Can I get my total amount paid be me with interest. And what will be interest rate. Where should I file the case in consumer forum or Rera or NCLT?
Asked 3 years ago in Property Law
Religion: Hindu

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18 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
19012 Answers
31 Consultations

4.5 on 5.0

1. Since there is inordinate delay in delivering the possession  not any penalty is paid you are not obliged to keep this property anymore.

2. SO send the developer asking for full refund along with interest.

3. If the developer does not return your money then file a case before the consumer forum wherein you will get all the monies back along with damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

Sir,

As an individual you should approach the consumer redressal forum.

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

You can cite their inability to handover posession on time and also the inordinate delay in completion of construction as reason for cancelling the booking and the communication to be sent to the builder.

You may also state that they did not bother to pay interest for the period of delay as agreed.

Hence you may demand full refund along with interest on the booking amount. Failing to comply with demand made, you may approach RERA for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You can serve a legal notice to the builder asking him refund the entire amount along with interest and compensation due to delay  in giving possession.

 

If he fails to adhere in 15 days of receipt of the legal notice, you can file insolvency petition in NCLT which is the fastest way in recover your dues.

 Alternatively, a case can be filed in Consumer Forum, but I wouldn't advise you in file a case in RERA as it is a new act and execution of decree is quite difficult as compared to NCLT and RERA.

Siddharth Jain
Advocate, New Delhi
5863 Answers
89 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have neither got he psoeesion nor the amount with interest.
  2. Let me tell you that, if you happen to move to Consumer court then it may take years, but on the other hand if you go before the RERA (specifically made for this purpose) then you may get relief within months time.
  3. Firslty, you will have to make an online complain to the RERA as now it has made mandatory before filing the hard copy complain to them.
  4. If they do not intimate any action in your complain then you will have to file a written complain along with the reference number of the online comlain.

Rest, if you like my answer then you can consult me through Kaanoon for further legal assistance, and as well as for drafting complain for you.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear sir, before moving to any of the given forum, you can approach supertech for settling this matter. Thereafter, you may approach to RERA filing a complaint against them. RERA would be the most efficacious remedy.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

See if the company has delayed the possession then in that case you can serve a legal notice seeking cancellation along refund with interest and compensation.

And if on notice if the builder fails file a consumer complaint against him or alternatively a RERA complaint . You can approach any of this to claim compensation. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

1) Your agreement is done before RERA establishment, so you better go with consumer forum and do you have agreement written of Rs 5/- per month penalty.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

1) you can cancel your booking as builder has failed to deliver possession within stipulated period 

 

2) if builder fails to refund your money file complaint before RERA against builder for refund of money with interest 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

Dear Concerned

 

Considering latest experiexper RERA is the best bet. However it is advised either to limit your prayer to either 100% refund with interest or just the penalty. We suggest to go for 100% refund with interest. 

 

Best of luck 

 

 

 

 

 

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

 you can complaint in rera but in instead I will advise you to go to the consumer forum if the value of the property is less than 20 lacs otherwise approach to the consumer dispute redressal commission in this regard against the Builder to claim your money paid interest for the period and compensation for mental agony and legal charges it will be good to go to state consumer dispute redressal Commission if you are adding up all these four components

 I am best in Lucknow and looking after these kind of cases in state consumer dispute redressal Commission if you think you can approach to me as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Approach RERA. That's the most efficacious remedy for you.

You are entitled for a full refund of your deposit along with compensation and interest, in terms of section 18 and 19(4) of the real esfafe Act.

Let me know in case you need any other assistance.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

If the commencement certificate of the project was pending till may 2017 you can file the case in rera else Consumer forum will be applicable. You can also go to NCLT if he is a private company

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

File RERA complaint

you will get all your moneys back with interest

Interest is roughly 10% 

Yusuf Rampurawala
Advocate, Mumbai
6639 Answers
63 Consultations

5.0 on 5.0

Hello,

Yes you can withdraw.

Send a legal notice to them at the earliest.

File a case before RERA, you will get an early relief and the procedure is also easy. 

Regards 

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

To be very fare 

As per the Acts  -- RERA takes the minimum time period 

But RERA is new act and new body constituted by IAS and IPS and other has very less knowledge of everything... 

Back in time there was a complaint that builder is not complying with the orders of the RERA 

Consumer Forum is the best option, it will take 2 years but can order for delay compensation and refund with intrest at the same time in the same order. 

Your case jurisdiction will be U.P. State Forum, Lucknow 

.. 

 

 

Start with a Legal Notice and there many case laws similar to your case... which favors you as well 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Dear Sir,

If it is included in Rera then you file before Rera otherwise you have to approach consumer forum. But it will take some time to get the amount.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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