• Under construction property

Hi, i have recently bought house in under construction property and registered the same. Builder is saying it is completed more than 80-85% and will give possession in Aug- Sept 2016 (but nothing is given in writing ) . Now when i was going through the registered agreement . Builder has not mentioned possession date of flat in registered agreement.  need advise on this

1. What can be done in this case.
2. how to rectify this.
3. And what are the laws to protect buyer interest in this.
Asked 7 months ago in Property Law from Mira Bhayandar, Maharashtra
Religion: Other
1) the terms of contract are sacrosanct 

2) if sale deed mentioned possession would be given by Sept 2016 you could have sought interest from builder for delay in delivery of possession 

3) in absence of any such clause in your contract builder is not bound to deliver possession by September 2016 

4) ask builder to give in writing that possession would be delivered by September 2016 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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It is unwise to purchase a property the date of delivery of possession of which is infinite. If no date is mentioned then it has to be delivered within a reasonable span if time. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) letter from builder that posssession would be delivered by December 2016 is binding upon the builder 

2) it is not necessary to rectify the sale  deed 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Now wait till December 2016 and then issue a lawyer's notice to the builder to demand the possession, and if he does not meet your demand then a complaint case can be filed against him in the consumer forum to demand the delivery of possession and also compensation for delay. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. What can be done in this case.
2. how to rectify this.
3. And what are the laws to protect buyer interest in this.



The builder will not let you modify any contents of terms and conditions of either Sale Agreement or Construction Agreement (or Agreement to build). Builder will also not entertain any questions, clarifications, doubts etc to be answered or raised. This is where the actual problem starts. Your flat work will not be completed – brick work, painting, fittings, wood work etc. Since the builder has mentioned 10/12/18 months, he will take his own sweet time to finish it. 
After receiving the entire payment, the builder will ask you to go for Sale Deed registration without completion of all other things except your flat. As usual, the builder will promise that, he will complete all the common things once for all, after the flat's brick work is complete. This usually takes anywhere from 12 months to 18 months. 
These are some of the common problems encountered by all people who venture into such purchases.
Agreements generally are one-sided and favouring the builders. Also penalty for delay from the builder is peanuts. It is around Rs. 5/Sq.ft/month. Say you are buying a 1000 sqft flat and the penalty works out to be Rs. 5000/- month. Whereas you will be paying close to Rs. 50,000/- month as pre-emi interest alone 
In all clauses for cancellation due to any reason, refund will be around 80% of the paid money and will be after 3/6 months’ time frame. 

Instruct bank to release payment only after receiving written approval from you (builder generally sends demand note to banker for payment release and puts pressure on bank for release of payment) Form an association along with other residents so that pressure can be put on the builder to deliver as per schedule and commitments. 

You may have to look into other options wherein your interests are properly protected. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
hi i have received builder letter which says now possession will be given on or before Dec 2016. Just want to know what can be done in this case. Will builder letter work as supporting document if any legal problem arise in future. Is this proof is sufficient?
Or can we do rectification in agreement if possible.  Please let me know window available to correct this.

You can acknowledge the letter of builder stating that you are ready and willing to take possession of the flat on the time stipulated in the letter given by him, this will doubly confirm that there is a commitment from the builder side and failing to keep up his commitment, he may have to face consumer laws in this regard.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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