• Builder delaying possession

I have booked a flat in noida with a big builder but he has delayed the possession as per BBA. Dates given on RERA site are different from my BBA. Now how do I proceed:
1. shall I stop further payments
2. Shall I approach RERA
3. Shall I go to NCDRC ( value of property is 1.00 cr plus)
4. what should be my prayer, refund with interest or early possession with delay penalty as per RERA
5. How do I ensure that builder will follow what they say.
we have already made an association to fight this issue with builder.
Asked 4 months ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu

1. If you had opted for construction linked plan,should you stop the payment due to the breach on the part of the builder of dealing the possession.

 

2. Since RERA is very new act, execution of the decree is not quite that as it is still in its nascent stage. I would not advise approaching RERA in your case.

 

3. NCDRC or NCLT is the best way to get your money back along with interest and compensation from the builder or possession along with interest in compensation.

 

4. That's up to your requirements. It's possible both ways.

 

5. The builder would have to follow the decree of the court. If he fails to do so, his properties would be attached in order to satisfy the claims.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

1. You should not default in further payment you can file a consumer complaint to seek compensation for delay.

If value of property is above 1cr approach NCDRC.

 

2. Prayer should be delay penalty along interset with immediate possession and alternatively refund of amount along interest and compensation.

The court order is binding court in execution can attach property and can order arrest of builder.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

You need to immediately approach rera or consumer forum. You can only stop installment due for possession and not previous to the same.  Rera is speedy remedy than consumer forum. Both prayer can be asked. He has to follow the orders of these lawful authorities

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

Don’t stop further payment 

 

approach RERA against builder 

 

seek orders to direct  builder to pay compensation for delay in delivery of possession 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

if you are going to stop the payment they will charge you with 18 or 15% intreest in that case your BBA mentions it and no body can help you then in waiving of the interest 

You can approach RERA 

Or you can also approach NCDRC 

(Ajay Nagpal vs Today homes case has clearly allowed that the allotee can approach any forum) 

However as per section 18 of RERA Act it says equal percentage should be given by builder as charged by the allotee. 

But NCDRC may give the same by referring to some judgements but in RERA forum is bound 

 

This is a court and builder will keep his points and after that the court will decide thus he will have to follow the judgements. 

You can prayer both the things and leave it on court to decide which can be effectively done 

Prayers can be written for possession and compensation 

Or refund and compensation with 12% intrest. 

You can contact me for any further clarification

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

1. Stop the payments only if you wish to cancel the agreement and seek refund; else not.

2. Yes if the project is approved by RERA.

3. This is preferable options s the reliefs granted by commission is more diverse than RERA Tribunal.

4. If you seek cancellation then claim refund with interest and damages. Else completion of project within shortly and damages out of delay.

5. There is no way you cna ensure. Only the NCDRC or RERA Tribunal can do so.

Devajyoti Barman
Advocate, Kolkata
17474 Answers
248 Consultations

5.0 on 5.0

Hi, it is advisable to file the complaint in RERA ..The RERA act has a Provision to decide the case within sixty days ,whereas the litigation NCDRC may take more than a year..We can seek delayed interest from the date of delay till posssesion with a interest rate of 10.75 percent..

Hemant Chaudhary
Advocate, Gurgaon
4248 Answers
30 Consultations

4.9 on 5.0

A complaint should be filed in the rera tribunal immediately. Oc and cc has not been given to you within the specified  time and hence the complaint. It has al the powers of the civil court and can ensure its compliance.

Regards 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

1. do not stop payment

2. file complaint with RERA

3. seek relief of interest and compensation for delayed possession

Yusuf Rampurawala
Advocate, Mumbai
4317 Answers
22 Consultations

5.0 on 5.0

1. Immediately approach RERA and seek full refund(with interest, in case you long for refund) or monthly compensation (in accordance with UP RERA rules), till the time the builder actually hands over the possession of your Unit to you. 

2. No need to approach NCDRC, approach RERA. 

3. In case the builder does not complied with the order of RERA, you have option to prefer an application under sec. 40 red with section 63 of the RERA Estate Act, with UP RERA. 

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

If you want to cancel the booking it is yor decision, but communicate the same to the builder in writing by registered post.

You can approach RERA if the builder is not complying with the demands made for refund of the booking amount.

If you dont get proper response from RERA then you may approach NCDRC also to get your grievances redressed.

You can pray that the entire booking amount with interest to repaid to you

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

send legal notice through lawyer and ask builder to give immediate possession or pay yr rent till possession. If builder will not act per notice then file case in consumer court for deficiency in service

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

Approach RERA for refund with interest. NCDRC consecutive option.

Early possession with interest on delayed period. Once court order will pass, builder is bound to honor it.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

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