Book a flat paid 95% amount flats are not ready

823 votes

Hi Sir. Yes you can claim the same but for further I need to go through the document so that we can file a complaint in consumer forum for deficiency in service on part of the builder. Pls get in touch for further clarifications.

Advocate Ridhima Chhatwal LawRato

873 votes

Thank you for your question. It has become an everyday story that Builders do not deliver possession on time. I understand that you are concerned about the penalty clause not being present in the Agreement. In that regard we would like to bring to your notice the decision of Supreme court in Nahalchand vs. Panchali Cooperative Housing that any clause in the agreement that contravenes laws and regulations governing Real Estate will be considered void. Similarly if a clause is not present in the agreement, the relief will be provided under the concerned Act.
Good news is that the new Real Estate Act comes down heavily upon Builders and is very consumer centric under which you can claim compensation too.
Please feel free to get in touch with us for any other assistance.

Advocate Bhoomika Choudhury LawRato

598 votes

This is a very common builder-consumer problem nowadays.

In case there is delay in delivery of possession, you can file a case in the Consumer Commission on the grounds of deficiency of service under the provisions of the Consumer protection Act.

You are entitled to claim the entire amount paid by you till date along with interest from the date that the delivery was promised to be given to you as per the agreement.

Advocate Mishika Singh LawRato

962 votes

Hi, if you were not provided the services as you were promised by the builder, you may proceed with the clause mentioned by you. apart from that you may move to consumer court also for getting adequate relief.

Advocate Ganesh Singh LawRato