• Delay in completion of project

I invested in a property in Pune in jan 2014. As per the agreement builder was supposed to hand over flat in sept 2014, after that he was supposed to pay me 8% interest on theamount i deposited. I had held back last 5 % of the payment which was due on completion of 1th floor, because there was delay in completion.  I paid that installment in dec 2015. The builder has still not handed over the flat. The building is complete but the other development like garden swimming pool and other infrastrucre will take minimum 6 months more. he is citing delay in obtaining  environmental clearance as the reason for dealy . It is in the agreement that  in case of delay caused in  getting  govt sanctions , builder is not liable. what are the options for me? should i take over the flat without rest of the infrastructure that was promised? should i go to consumer court for getting compensation?
Asked 2 years ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) wait for OC to be issued then take possession of flat 

2) OC woukd indicate building has been completed as per sanctioned plans 

3)if builder refuses to pay intetest for delay in delivery of possession then you can move consumer forum and seek intetest for delay in delivery of possession 

4) also claim litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
46671 Answers
2760 Consultations

5.0 on 5.0

Issue a lawyer's notice for delivery of possession with compensation for the delay. If he does not deliver the possession and compensate you then move to consumer forum to seek these reliefs i.e delivery of possession and compensation for the ensuing delay. Accept the possession under protest if he delivers it in the meanwhile.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

You can take over the flat is it is completed in all the respects, the other amenities can be dealt with separately.  

You are entitled for penal interest at the rate applicable for delay in completion of construction.

The clause that in case of delay caused in  getting  govt sanctions , builder is not liable.is lopsided and an excuse the bilder can take protection under. 

The builder is supposed to get environmental clearance any delay in complying with the conditions laid down to obtain EC shall be the builder's responsibility.  

The delay clearly indicates that the builder is intentionally avoiding to comply with the conditions nor he has respect for law. 

Only after getting EC, he can apply for OC from the local admin body, it does not mean that he will blame the local admin body for not providing the OC just because he cannot obtain EC and thus escape his liabilities for the delay in completion of construction and handing over the possession or payment of penal interest for this delay.

The builder can very well be dragged to consumer forum for this deficiency, he cannot put forth his argument quoting his lopsided condition mentioned in the sale agreement.

Thus you may first decide based on your immediate necessity and leisurely think about initiating consumer case against the builder by consulting a local lawyer on this 
T Kalaiselvan
Advocate, Vellore
36820 Answers
403 Consultations

5.0 on 5.0

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