Hello, I have booked flat in Pune on Aug,2012 and agreement is done in Oct,2012. While booking they mentioned that the possession will be given in May,2014 (nothing such mentioned in agreement). Agreement has 24 months period mentioned for giving possession from agreement date which is over in last October (Oct,2014). I have paid 95% of amount so far. Last instalment is remaining which is mentioned after possession as per agreement. We have raised some questions in a group now such as Possession Date, Reimbursement for delay etc. Builder is still saying that it will take 8 more months to give possession. We have set one meeting with builder (we are in group of 4-5 flat owners). He may say same thing like no penalty, possession in 8 months (not guaranteed), several excuses for delay etc. Can you please advice me what can I do in this case? What should be our stand for the discussion with builder in meeting? Thanks
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1) you should obtain commitment from builder in writing that possession will be handed over on ...... Date
2) builder shall obtain occupation certificate before handing possession
3) builder shall pay interest at rate of 18 per cent for period of delay in handing over possession
4) if builder refuses to give a letter have minutes of meeting drawn signed by the builder and flat owners
Hi, it is a clear case of deficiency of service so you have two options either you have to seek for cancellation of agreement and ask for refund of the amount or you have to wait till completion of the building and get register the property and then file a complaint before the consumer forum for damages for delay in possession.
2. Before filling a complaint in the consumer forum you have to issue a legal notice.
1. The builder is obligated to honour what he has promised in the agreement.
2. If you want the possession then you may move to court against the builder to seek possession and also compensation for the delay. Alternatively, you may cancel the agreement through a lawyer's notice and demand the refund of the amount paid to the builder. If the builder does not refund the amount then you can sue him to recover the paid amount with compensation.
You can seek for penalty for the delayed construction though there is no clause for such provision in the sale agreement. The time period mentioned in the sale agreement to complete the construction and handing over possession of the flat is enough to claim compensation. You may first issue a legal notice mentioning his inordinate delay in completion of the construction and also mention the time stipulated as per sale agreement and since he has not adhered to the condition, he is liable to pay compensation for the period of delay, after this notice, you may even approach consumer forum for seeking compensation against the builder for deficiency in service.
Thanks for earlier replies. We had a meeting with builder last week. Builder said that there are problems with Environment Clearance. The waiting number is 71 and it would take around 6-8 months to get clearance. Our agreement has the clause where builder mentioned that if the delay happens due to the government clearances then he is not responsible for it. Most of the people are saying going legal way will be a problem for us. Building is almost ready with one lift working. Work for other lift is just started. Not sure if they have applied for FIRE and LIFT NOCs. Can i discuss with builder to give possession and he can continue the all NOC related work? Will it be good idea to propose this as this would be a illegal occupancy? I do see any options and choices? Builder had added almost all clauses in his favour (as per friends lawyer) and we cannot do anything. Please provide your feedback on this. Eagarly waiting. Thank you
1) dont be in a hurry to take possession
2) wait for receipt of 0C by the builder from municipal corporation
3) it is necessary to peruse agreement signed by you with builder to advice
4) all agreement with builder are generally one sided .
5) you can move consumer forum against builder if you so desire and seek interest for delay in delivery of possession of over 1 year
6) builder must have known that it would take time to obtain environmental clearances yet he gave time period of 24 months for delivery of possession
Hi, you can wait till completion of the apartment and after getting the possession of the apartment you can file a consumer complaint for delay in handing over the possession of the apartment and claim for damages from the builder as he failed to deliver the possession of the apartment in time.
Unless the builder has obtained OC from the competent authority it is legally not permissible to give and take possession of the property. It will not be a good idea to take possession before grant of OC.
Can i discuss with builder to give possession and he can continue the all NOC related work? Will it be good idea to propose this as this would be a illegal occupancy?
You should avoid doing the mistake of taking possession of the flat without getting completion or occupation certificate which is granted by competent authority after all the formalities in this regard are duly complied with.
I do see any options and choices? Builder had added almost all clauses in his favour (as per friends lawyer) and we cannot do anything.
It is not necessary that you may have to abide with the clauses in the agreement made by the builder favoring him. You check which clause affects you and if the builder is making a fuss quoting the relevant clause you may first issue a legal notice to him demanding your genuine requirements to fulfilled by the builder, if he is not complying with the demands made, you may drag him to consumer forum. No builder can make any rule favoring him alone.