• Delay in possession of flat

I have booked a flat in 2010 in sonepat ,haryana according to agreement builder has to deliver the flat with in three years with a grace period of six months ,however now he has send me a letter for offer of possession in July 2016 and is asking to pay outstanding amounts (electrification charges,maintanence charges,ifm security charges,s service tax @4.5%)  I have once again read the agreement it does not states any penalty clause on part of builder to be paid in case of delay of construction of this project
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) seek interest for delay in delivery of possession by builder 

2) if builder refuses pay charges mentioned by builder and take possession of flat 

3)then move consumer forum and seek interest for delay in delivery of possession , compensation for mental torture undergone by you and litigation costs 
Ajay Sethi
Advocate, Mumbai
44409 Answers
2581 Consultations

5.0 on 5.0

You may demand for penalty for the delay in completion of construction before paying th final installment towards the property to be purchased.

You may send the demand notice legally.

If there is no response from builder then you may pay this amount under objection and initiate the demand for penalty towards the delay in construction and possession, through consumer forum after that. 
T Kalaiselvan
Advocate, Vellore
34550 Answers
372 Consultations

5.0 on 5.0

It was naive on your part to have entered into an agreement which did not contain any penalty to be imposed on the builder for delivery of delayed possession. Be that as it may, you may now either refuse to accept the delivery and go to consumer forum to claim compensation for delay, or take the delivery under protest through a legal notice and then move the consumer court for compensation on account of delay.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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