• Delayed possession of property

Hello,

I have purchased a property with a renowned builder in 2011 with property possession on July 2014. Property has been delayed and presently being promised on March 2016.
How do I go ahead for the compensation for the period I am paying interest to the bank on the loan from the builder.
Builder says I am eligible for compensation only if I cancel the flat .
How to go ahead with this issue
Asked 1 year ago in Property Law from Thane, Maharashtra
Religion: Sikh
1) what are clauses in your agreement for delay in delivery of possession by builder

2) send email to builder inform him that you were promised possession by july 2014 delay of nearly 2 years and your paying  rent for  rented flat on account of delay of X amount per month . ask him to compensate you 

3) if builder refuses take possession under protest then move consumer forum and claim compensation 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1) you have to place on record your displeasure for delay in delivery of possession 

2) if delay is due to labour issues builder has to compensate the buyers 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, You have to approach the Consumer court as the builder is failed to deliver the possession with in time and you are eligible for the damages.

2. First issue a legal notice and thereafter file a complaint before the Consumer Court. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1. If you wish to claim compensation from the builder then you may move the Consumer Forum. Along with seeking compensation you may also seek the refund of the amount paid to him, but this will require a cancellation of the agreement which you have executed with the builder.

2. To claim compensation alone you do not have to cancel the agreement.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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If you have entered into an agreement for the purchase and the final sale deed has not yet been registered in your favour, then the terms of the agreement must stipulate for the payment of delay compensation if the delivery date is breached.
You say that the builder has breached the delivery date, what was the promised compensation if the possession is delayed beyond the delivery date inclusive of grace period. 
Cause a legal notice to the builder, demand the payment of delay compensation, along with interest, if builder declines payment, file a consumer complaint seeking delay compensation together with litigation cost also.
The agreement of sale would be the deciding factor and not what the builder decides to pay.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
If the delay in completion of the construction work and handing over possession is inordinate, hen as per the sale agreement you can claim the relief of compensation for the period of delay.  You may go through the recitals of the sale agreement once again properly from which you can get the details.  You may consult a local lawyer and issue a legal notice to the builder and then can even drag him before  the consumer forum for deficiency on service and compensations. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0

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