• Not allowed to see my flat under construction

Kindly help with the following issue . We booked a under construction flat in April 2018 and later got the registration done .It's possession was supposed to be by June 2019 which is nowhere in sight so far due to OC issues , election excuses ( as cited by the builder) We are not being allowed to inspect the flat citing safety concerns . I have not seen the flat even once . So after initial payments I stopped paying further instalment insisting on checking the construction status of the property . I wish to know if law is in my favour and whether the builder can charge fine or interest for late payment .
Asked 4 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Law is in your favor.

If builder has given in writing that you will get possession in June 2019. Than you have full rights to ask your flats possession otherwise you can make complaint in the RERA office or Consumer Forum of your city.

Ganesh Kadam
Advocate, Pune
7988 Answers
68 Consultations

4.9 on 5.0

Dear Client

if builder doesn't deliver you the flat on time with occupancy certificate then you can refuse him to pay the interest or late payment penalty and can approach RERA to get relief from these costs.

But at delivering you the possession with complete papers in time builder can charge you Interest and/or penalty for late payment.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

A very weird issue you have. How can anybody purchase a property without inspecting it. 

Anyways file a complaint against the builder in the state consumer redressal forum or in the rera tribunal.

Regards 

Rahul Mishra
Advocate, Lucknow
4774 Answers
11 Consultations

5.0 on 5.0

What was the status when you were paying?? He did not even let you inspect the property.

file a complaint against the builder.

Rahul Mishra
Advocate, Lucknow
4774 Answers
11 Consultations

5.0 on 5.0

This is my response to you:

1. Since possession has not been granted to you, it clearly shows the builder is cheating you;

2. You can take this matter with RERA. Let RERA monitor the project;

3. File a formal complaint against him;

4. Your payments should be made in full but if you are making the payment as per installments (as written in your agreement) then you have nothing to worry;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Yes it is true you have to clear your Dues till the original possession date to claim interest for delay in possession.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

1. Well refer to the sale agreement to find out the causes regarding possession and penalty out of delay n possession.

2. The schedule of payment and consequence of delay in making payments in time would also be governed by the terms mentioned in the sale agreement.

3. Now if there is inordinate delay you can seek cancellation of the sale and seek full refund along with interest. 

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

Yes builder can charge penalty for delayed payment though you can seek compensation for delay.

Further builder may allow to inspect on proper prior notice before the possession.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

See you cannot claim possession before complete payment further for.delay you can claim.compensation and be can levy penalty and interest. Though you have defaulted he can contest.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

You can file a complaint for delayed possession and compensation with rera or consumer court

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

If you have failed to make payment as per the terms of registered agreement for sale builder can charge you interest for delayed payment 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

You would  be entitled to interest from builder fir delayed possession if you ha e paid instalments on due dates 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

No, it's not correct you have full rights to view the flat and its work.

You can ask to builder follow the "Agreement to Sale" terms and conditions that were mentioned in it, for payment and all completion of building and flat works accordingly the schedule follow plan.

So you are ready to pay full amount but let first review the flat works conditions and than give possession.

If you want me to talk with builder I can talk on your behalf regarding this matter.

Ganesh Kadam
Advocate, Pune
7988 Answers
68 Consultations

4.9 on 5.0

issue a legal notice through an advocate and file complaint against builder. 

No one can advise you like this. You will have to show the agreement to the lawyer who can advise you based on the language in the agreement... thats the legal point of view.

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

The builder can charge penalty for the late or delayed payments at the rate what is mentioned in the sale agreement.

He is supposed to allow you to inspect the flat which is under construction or have been completed.

You may make it clear that if he is not allowing you to inspect the property then you will not pay anymore installments and that you would cancel the booking for the same reason.

You can even issue a legal notice on this issue and if necessary you can even drag him to consumer forum for unfair trade practice or deficiency in service.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

That is the clause for claiming interest for delayed possession, i.e., if there is a delay in payments then the builders will cite that as a reason to not to pay the penal interest for the delay in handing over possession.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have made the partial payment and want to see the status of the flat and the same has been denied by the builder by giving useless reasons.
  2. Yes, you can charge interest on the payment made to him along with the refund of the whole amount as he has already delayed the possession date.
  3. You have rightly done by stopping the further payment, not to safe yourself from him baseless demands of interest etc. you should approach the RERA or State or District Consumer Forum (depending upon the amount involved) for all the reliefs as explained by me in above points. 

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

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