• What to do when builder delays construction of apartment?

I had bought an apartment in Chennai from a first time builder. It was a gated community project. After the booking was done, they kind of rushed us into registration also. The apartment we bought is in the Phase 2 of the complex. Even phase 1 is not completely handed over. It has been over 2 years for us already and the 19 storey building that our apartment is present is only completed till 15 floors and has remained in the same state for over 2 years.

There are two buildings in phase 1 that has been handed over (there are a total of 6 buildings in the project ). They keep saying the 3rd building is complete and will be handed over this month but the painting is not even complete. 

The progress of construction is very very slow. Is there any legal options for a buyer like me to force them to quicken the pace? I do want to move in to the apartment at some point. If only the builder just finished the project already.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Christian
1) what are the clauses in your agreement regarding delivery of possession ? 

2) does agreement contain clause as to payment of interest for delay in delivery of possession 

3) you can move consumer forum against builder and seek orders to direct builder to deliver possession of flat within stipulated period 

4) also claim interest for delay in delivery of possession 


5) you can also seek compensation for mental torture undergone by you on account of failure of builder to deliver possession of flat 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
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The agreement between the builder and the buyer needs to be perused to see whether time was an essence of the agreement between the parties. The clause regarding delivery of the possession also needs to be perused for better advice on how to quicken the pace. 

However, a case for deficiency in service can be filed against the builder before the consumer forum along with a direction for completion of the project within a specified time frame. Also, before going to the consumer forum, you can send a legal notice to the builder for the unnecessary delay been caused, etc. and give him a specified period wherein the builder must complete the project. if the builder fails to do it, file a case before the consumer forum.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1) you can contact a local lawyer and issue legal notice to builder to complete construction as per schedule mentioned in the sale deed 

2) you can in said notice claim interest for delay in completion of project 

Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
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1. Has any date of delivery been set forth in the agreement you executed with the builder? If the answer is yes then the date mentioned there in sacrosanct.

2. If no date of delivery is mentioned then also the builder is liable to deliver it within a reasonable span of time.

3. You have the option of issuing a lawyer's notice through your lawyer to the builder seeking the possession. If he does not honour the notice then you can go to court and seek the refund of the amount paid to him along with compensation.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
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Hi,
You can file a suit in consumer court against the builder for deficiency of service.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
A. What about the clause in the agreement with respect of delay of delivery of possession from the builder?

B. If no clause mentioned in the agreement, you can issue a legal notice to the builder to pay compensation towards the delay and warning the same in notice regarding approach the Consumer Forum in the future.

C.Even though notice issued that the builder not respond properly, you can approach the Consumer Forum under the deficiency in the Service and claim damages for the delay and seek direction against the builder to hand over the possession by fixing short time.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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