• Failure to deliver possession by builder

I am bhanu Pratap Yadav from Jajpur Orissa, I have booked 2 bhk Flat from Chawla Home Bhubneshwer in Bhubneshwer.  As Per Agreement 9 month for deliver possession of Apartment of agreement of date (agreement date is 30-june-2014) but till date project status only 50 completed. Please advise what we do

Thanks Regards
Bhanu PrataP YADAV
Asked 2 years ago in Property Law from Jajpur, Odisha
Religion: Hindu
You have no option but to wait. The builder often delays in completing the projects and this all Indian phenomenon.
If there is any penal clause in the agreement out of delay in construction you can claim for the same and if the builder refuses to pay so you can file case before the consumer forum for damages and compensation.
Devajyoti Barman
Advocate, Kolkata
9456 Answers
114 Consultations

5.0 on 5.0

1)is there clause in your agreement that builder will pay interest for delay in delivery of possession ?

2) you can send legal notice  to builder to pay interest for delay in delivery of possession as per your agreement 

3) you can also move consumer forum to direct builder to hand over possession  w ithin stipulated period and to pay interest for delay in delivery of possession 
Ajay Sethi
Advocate, Mumbai
35422 Answers
1964 Consultations

5.0 on 5.0

A. File a complaint before the consumer forum under the deficiency in the service to give direction to the builder to complete the construction or claim damages, interest  over the principal amount and compensation for the delay of delivery of possession by submitting all material records.

B. Whatever the amount paid for a hostel, lodging, rented house and apartment can be a strong proof over money paid to a relative as 'rent'," you can recover this amount from the builder by dint of delay of delivery possession. 

C. Damages can be classified into two broad heads: Indirect losses and direct losses. Direct loss is the money lost due to the delay in getting house possession. Indirect losses cannot be quantified and usually arise out of trauma.
B.T. Ravi
Advocate, Bangalore
784 Answers
48 Consultations

5.0 on 5.0

Hi, The builder is failed to deliver the apartment as per the agreement so there was a deficiency of Service on the part of the Builder so issue a legal Notice first and thereafter file a Complaint for damages before the Consumer Forum.

2. So it is better contact local advocate.
Pradeep Bharathipura
Advocate, Bangalore
4371 Answers
178 Consultations

4.3 on 5.0

1. The builder is liable to deliver the possession within the promised time reduced to writing.

2. Issue a lawyer's notice to him through your lawyer. If he does not deliver the possession even after notice from your lawyer you may go to court to seek the refund of money already paid and also compensation for delay.
Ashish Davessar
Advocate, Jaipur
21382 Answers
572 Consultations

5.0 on 5.0

If the builder is not giving satisfactory reply to your query, you may issue a legal notice to him through your lawyer stating the he breached the conditions of the sale agreement by not delivering the possession of the constructed building within the time stipulated and can demand the immediate or expeditious completion along with compensation for the loss you suffered due to his delay.
Failing to get a reply or proper reply, you may approach consumer forum for immediate relief against him with a complaint to redress your grievance. 
T Kalaiselvan
Advocate, Vellore
25449 Answers
250 Consultations

5.0 on 5.0

1. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming direction upon the builder to complete the work within next 3 months or pay penalty at appropriate rate, pay rent for staying in similar type of flat in the same area from the 10th moth till possession is handedover to you, damage and cost,

2. If all the persons who booked flats in that building file joint petition, your cost will be comparitively less for filing and persuing the case,

3. Consumer court is faster than other civil courts.
Krishna Kishore Ganguly
Advocate, Kolkata
15194 Answers
368 Consultations

5.0 on 5.0

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