• Possession delayed for flat

Can any of you fine people, please guide me on how to take legal action against a very big builder in country. They have delayed possession of flat for more than 2 years, still awaiting I booked flat on March 2010, possession was promised Oct 2012. On top of that, they have put interest penalty on me for delayed payment, which is even more ridiculous as they delayed the slab completion which prevent bank to release installment, on time. There are many more issues. Can someone please give me some advice on how to take legal action (class action lawsuit). Please?
There are many people who as facing issues with this builder but i dont know why no one things of taking any action , people only complaint thats it
Asked 2 years ago in Property Law from Pune, Maharashtra
1. The act of the builder as alleged in your post amounts to unfair trade practice and deficiency of service.
2. On this ground you can file case in the consumer forum therefrom you can claim for damages and compensation and return of your penal amount which you have already given to the builder.
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
1. In Karnataka, normally penalty would be fixed Rs. 5 or 10  per sq. ft PM. Therefore, Kindly check your agreements or deed which is executed by the builder due to analyzing penalty clause with regard to delay of delivery of possession. In case, penalty not fixed by the builder.....

2. You can approach consumer forum to claim damages under deficiency in service
B.T. Ravi
Advocate, Bangalore
742 Answers
32 Consultations
5.0 on 5.0
1)issue legal notice to builder . 

2)move consumer forum against builder for deficiency in service and compensation for delay in delivery of flat . 

3) also seek refund of penalty amount paid by you to  the builder
Ajay Sethi
Advocate, Mumbai
24738 Answers
1327 Consultations
5.0 on 5.0
1. Hope you have adequate documents/papers to prove your allegations, 

2. If not, collect the same like brochure, assurance of the builder for early completion, Bank's refusal to pay instalment for non completion of phase work, builder's charging interest for the said delay etc.,

3. After collecting all the evidence, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice followed by the builder claiming immediate possession & registration of the flat and rent for the delayed period, interest, damage & litigation cost,

4. Your other flat owners also can join you,

5. It is a very good case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
12720 Answers
262 Consultations
5.0 on 5.0
1) we have already advised you at length . issue legal notice and move consumer forum against the builder for deficiency in service .

2)  the correspondence exchange with the builder , agreement signed by you has to be seen . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
24738 Answers
1327 Consultations
5.0 on 5.0
You can approach the Competition Commission of India if the builder is very big. They have the power to put stringent penalty on the builder for unfair trade practise. DLF was once penalised by the said commission. The Competition Act, 2002 was enacted to prevent practices having adverse effect on competition, to prohibit use of dominance and to protect the interests of the consumers. The allottee can file a complaint against the unfair practices of the builders before the Competition Commission of India which has been empowered to investigate anti competitive practices and impose stringent penalties on the offenders.
Bhavanishankar A.R.
Advocate, Bangalore
4 Answers
0 Consultations
4.8 on 5.0
You can file a complaint before the consumer forum alleging deficiency of service. Or you can also file a suit for recovery before the civil Court. This option of recovery depends on the agreement to sell you have entered with the builder.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
1. You have already been advised in details in my earlier post,

2. Please rub it off from your mind that the builedr is a big guy or similar thoughts,

3.  All are governed by law including your said big builedr, 

4. File the complaint case as suggested earlier immediately, either yourself or by joining hands with other such sufferers.
Krishna Kishore Ganguly
Advocate, Kolkata
12720 Answers
262 Consultations
5.0 on 5.0
1. You are already advised on this account that you can file case before the consumer forum.
2. On completion of case you apart form getting possession would be awarded with handsome compensation.
3. The size of developer does not cause any difference in the merit of the case which is quite bright in your case.
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
It appears that the payment plan was linked with the casting of slabs and schedule of construction but the builder has raised demand without adhering to same.  One remedy is that you  firstt write to the builder asking for payments certificates issued by the Architects in favour of contractors. that will give you fair idea regarding progress of construction matching schedule and then file a consumer complaint. If the builder does not provide you with such details, still you can file consumer complaint and seek this information in the proceedings. Second remedy is by virtue of arbitration clause which usually is present in every such builders' agreement. Adk for the appointment of an arbitrator. Notwithstanding arbitration clause, you can file consumer complaint. My opinion is prefer consumer case than Arbitration. Court appointed arbitration is now expensive.
H. S. Thukral
Advocate, New Delhi
524 Answers
130 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15263 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24738 Answers
1327 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12720 Answers
262 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
524 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1947 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0