• Delayed project

Dear sir , 

i have booked flat at mira road from rna buider , on 2012 ,( rna viva)  buidling was supposed to completed on dec 2014 , i have paid the full amount for the flat , and project is stalled since 2014 , and no work going at all , after repeated follow up buider has given in writing that buiding will be handed over on dec 2016 , but still there is no work started ,its impossible to complete it even at 2018 , so much work pending , what action can be taken , pls suggest.

thanking you 

regards
raja
Asked 1 month ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
delay in completion and handover you are entitled to claim compensation at 18% pa from last date of payment until possession is handed over to you, this you can do by filing a consumer complaint before the District Consumer Disputes redressal forum in your state.
In addition to the above, you can also claim damages from builder including litigation costs as well. 
To get the process started contact a local advocate, get a legal notice issued giving the builder 15 days to comply with your demands, failing which file the complaint.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
1) you can seek interest for delay in delivery of possession 

2) in alternative cancel booking and seek refund of money paid by you with interest , litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Mr Ajay is from Mumbai Maharastra, you can contact him or someone who is close by your neighborhood, all that you would need to do is to issue a legal notice stating that you have waited long enough for the delivery of the flat, except false promises, the actual delivery has unnecessarily dragged on. Claim delay compensation@ 18% pa, along with damages for mental agony, pain and suffering on account of the inadvertent delay in handing over possession. Take reference to the letter given by the builder to show to court the extent of delay being caused and insist for a direction from the court to the builder to complete the project within a fixed period to be determined after inspection of the project by a court commissioner.
Towards issuance of legal notice the charges would be around Rs.5,000/- and towards the filing of the complaint itself the total charges would be around Rs.30,000/- from start to finish. Charges might vary slightly as the court fee might vary. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
1) contact a local lawyer 

2) legal fees vary 

3) it may take around 2 years for case to be disposed of 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. Issue a lawyer's notice for cancellation of the agreement to demand the refund of money paid to him with interest, and if the builder does not accede to your demand then you may sue him in the consumer forum to recover the amount with interest.

2. The cost will be the fee of your lawyer,
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
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If you have lost hopes in the property or the proposed flat, then you may ask the builder to cancel your booking and refund your booking amount. 
If he refuses or there is no response from him. then you may issue a legal demand notice communicating your decision to cancel the booking and demand return of yor booking amount with interest. 
Subsequently you can drag him to the consumer court seeking appropriate relief from him including compensation for the mental strain you experienced in this regard. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
can you guide me how to proceed with legal , and how much it would cost me , and time line reqd. 


You can approach consumer court for reliefs.  You can consult a local lawyer in this regard, the fee and other costs shall be explained by him. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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