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Builder delayed posession and i'am paying pre emi for last 18 months


23-Jul-2023 (In Consumer Court Law)
I was promised possession in Jan 2015.last 18 months I have been paying pre emi.the building is still not ready.can I take any legal action against builder? I paid 20%.the remaining 80% emi will start on possession.the builder is very reputed.how long can I pay pre emi.there is still no commitment on possesion
Answers (4)

Answer #1
532 votes
serve a legal notice on them. Approach any good lawyer near you.
If your grievance is not resolved, you can also file a consumer case in the appropriate forum.
normally any claim beyond Rs 20 Lakhs needs to be filed in the State Commission.
Also if there are others with similar grievance, all of you can approach the court together.
Answer #2
827 votes
Sir,
I think there may be a default clause against the builder that in case if he is failed to give possession as per the conditions of the agreement I.e on Jan 2015, the builder is liable to pay damages (monthly) to you till the possession is given to you, so that you can reside somewhere till the possession is delivered to you. If there is no such clause in your agreement you can approach court for legal remedy seeking proper relief to you..
Thanks and Regards
Answer #3
595 votes
Unless and until you don't approach court for remedy ,you have no choice,and hence there can be no suggestion but to file case both criminal and civil for compensation
...or else you have no choice ....you may contact our office in case want to understand legal aspect .....OFC : Adv pankaj Kumar
Answer #4
968 votes
Hi
You can file a case in the consumer court for unfair trade practices and deficiency of services and seek compensation and mental agony. Hopefully, your agreement with the builder should have a penalty clause based on which you can file a case.
Even if the builder is a big builder don't fret you can seek redressal for your delay.
Pratap, Advocate

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