• Delay in possession of flat

Dear Sir,
1. I have booked a flat on 4th Devember 2011 by paying Rs. 100000. And sale agreement is signed on 24th April 2012 after payment of Rs. 600000. 
2. As per sale agreement possession date was September 2013.
3. But till date there is not much progress in the project.
4. Every six month builder is extending the possession date.
5. As per now new possession date is Dec 2015 but by seeing the progress we can not expect even Dec 2016 also.
6. Developers other staff is telling some fund issue but they are not replying my mail for reason of dealy.
7. Project has two blocks and other amenities. Till date only block A is ready but not in liveable condition even lift is also not installed.
8. I have given several email but they are not replyng.
9. Recently I have asked them NOC for resale of my unit. They are telling that matter is under discussion with their legal wing,
So I want to get advice 
a.  How to file strong case against builder?
b. Consumer forum will be not best option becoz compensation will not be good.
c. What to do?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Your case is strong enough to seek legal remedy.
2. You are misinformed as like consumer forum no other judicial forum can give you enough relief. 
3. File a case in consumer forum and seek compensation apart from other necessary reliefs. You will be suitably awarded.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you can cancel agreement and seek refund of money paid with interest 

2) in the alternative move consumer forum and seek orders to direct builder to deliver possession within stipulated period of time 

3) to pay compensation for delay in delivery of possession 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Consumer Forum allows good compensation if you have a strong case,

2, File a complaint case before your local District Consumer dispute Redressal forum alleging deficiency in srvice and unfair business ractice claiming immediate possession and registration of your flat, payment of rent applicable on similar type of flat from October'2013 including payment of arrears and interest thereupon till the same is paid, damage and cost,

3. Consumer Forum has been set to try these type of matters fast and Damage Suit will take years to be disposed of.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
This is a gross deficiency of service hence a case before consumer forum is the only option.
You may issue a legal notice through your lawyer mentioning the conditions of sale agreement and the time stipulated for completion of construction and possession has been inordinately delayed hence it i breach of the terms and conditions of sale agreement dated.... therefore you would like to terminate the contract and demand him to repay the advance amount received with interest from the date of deposit wth him and also compensation towards mental agony and physical fatigue to oversee the arrangement from the date of agreement till this date. 
This will certainly invoke some response, if it does not then you have no option than to approach consumer forum with your grievances seeking its redressal and if you prefer civil court to consumer forum, the case may get dragged for years, better consult with a local lawyer and decide. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
This is the most common problem being faced by genuine buyers such as you.
This coming september 2015 the delay will be around 2 years, 
as per sale agreement has the builder provided a clause if in the event of delay beyond the agreed period, the builder agrees to pay delay compensation or not, if it is provided for then the builder is liable to pay that particular amount, if he has not included the clause then also he is liable to pay compensation on an amount that will be determined by the courts.
You can file the complaint before the Consumer court with a fixed court fee of Rs.4,000/- maximum and seek compensation upto 1 crores from the builder under various heads, time frame for a decision/judgement from such courts would be approximately 1 1/2 years (here in bangalore)
this apart you can also file a civil suit in the Civil Court demanding the same amount together with court costs etc., but the major draw back would be that you will have to pay substantial court fee on the amount demanded from the builder and the matter is likely to be resolved in 5 to 10 years minimum.
Firstly issue a legal notice through an advocate, if he fails to pay delay compensation, then file the complaint before the consumer court.
to make the case strong contact a good consumer advocate who deals exclusively in such matters.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
Hi, it is better you can approach the consumer forum for recovery of the amount as the builder has fail to deliver the possession of the property as promised in the agreement and there is a deficiency of service on the part of the Builder.

2. Secondly if you don't want to go for consumer court then you have to initiate Arbitration proceedings against them normally in the Agreement of Sale there is a clause  for Arbitration and in my experience arbitration proceedings is expensive.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The builder has failed to honour his promise of delivering the possession by no later than September 2013. The breach of promise made by him entitles you to cancel the agreement and either demand the refund of the money paid to him along with compensation for the delay.

2. Who told you consumer court does not give a 'good' compensation?

3. You can initially issue him a lawyer's notice to refund the advance amount and compensate you for the delay in possession, failing which you can move to court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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