You should take possession under protest
If builder refuses to agree for giving possession under protest better file complaint before consumer forum seek orders to direct builder to pay compensation for delay in delivery of possession
OC has come for building however builder has not yet informed us . Can I file for delayed possesion intersts on my money paid after taking possesion or do I necessarily have to file complaint before taking possesion ? Also if OC has come for building can I still file for delayed possesion intersts for the money I paid ?
Club house is not ready . Can the builder force me to pay for club house at the time of possesion or can I tell him I shall pay when club house is ready ? Also how do we ensure that the advance maintenance paid is being kept in a seoerate account and the same is used properly ?
You should take possession under protest
If builder refuses to agree for giving possession under protest better file complaint before consumer forum seek orders to direct builder to pay compensation for delay in delivery of possession
Builder is charging you for proposed club house which is under construction
you can take plea that you would pay when club house has been completed but builder would refuse to agree to such payment
for maintenance collected builder is bound to submit audited accounts
OC has come for building however builder has not yet informed us . Can I file for delayed possesion intersts on my money paid after taking possesion or do I necessarily have to file complaint before taking possesion ? Also if OC has come for building can I still file for delayed possesion intersts for the money I paid ?
File complaint before consumer forum for interest on account of delay possession
you cannot file for interest after taking possession as builder would obtain in writing from you that there is no money due and payable at time of giving possession
Delayed possession is only maintainable if he has not received oc till possession date and it's getting delayed. Even if you accept possession after oc id the same is delayed you can file case after taking possession too
This is clear case of deficiency of service. Issue a lawyer's notice seeking compensation for not furnishing OC resulting in monetary loss. After that file a complaint in District Consumer Commission under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get compensation for delayed possession, mental harassment, cost of complaint and lawyer’s fee. You can also approach RERA but proceedings there are not as fast as Consumer Commission.
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Hence, if the builder refused to pay the interest , then you can approach the consumer forum or RERA.
Hi, Don't file a case until and unless you get the possession of the property and the Sale Deed is registered in favor of you. Once the Sale Deed is registered in favor of you then you can file a Complaint either in RERA or Consumer Court.
If the possession of the flat has been handed over with the OC, and if there is any delay in handing over possession beyond the grace period, you can very well demand penalty for the delayed possession.
You can take possession with OC when it is handed over and claim interest for the delay in handing over possession
The receipt for the amount paid towards the corpus fund is an evidence that the amount has been paid to him, thus the accountability shifts to the builder once he issues a receipt.
He cannot refuse to show the accounts of the expenses incurred for which he had spent out of the funds collected towards maintenance in advance
If the club house is not ready then it can be confirmed that the amenities in that aspect has not been provided, therefore you can object to the builder if he is claiming maintenance or any other amount towards this amenity without providing the same.
If the possession of the flat has been handed over with the OC, and if there is any delay in handing over possession beyond the grace period, you can very well demand penalty for the delayed possession.
You can take possession with OC when it is handed over and claim interest for the delay in handing over possession
Dear Client,
In case a builder fails to deliver the project within the mentioned date in the agreement, you may file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016. According to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats.
Thanks & Regards
regardless of whether the OC has come or not and regardless of whether you are in put in possession or not, if there is a delay in handover of possession as per the agreement registered with you, you can file a RERA complaint for claiming interest/compensation on the money paid, for delay in handover of possession