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Builder delayed to provide possession of flat what legal remedy i have
08-Oct-2023 (In Consumer Court Law)
Sir, I had booked a flat in NOIDA extension in year 2010, which was according to changed delevery date by 31.05.2015. In Aug 2016, builder offered me offer for possession and asked to cleared all dues. Now the fact in issue from my side are 1. He charged increased area rate at current rate. 2. Charged farmer compensation Rs 75/- sq feet without giving any calculation. 3. Demanded other illogical charges which were not mentioned in BBA. 4. No late penalty provided Further Builder pressurized me to clear all dues otherwise flat will be cancelled, I cleared all making protest in writing and several communication. Pls suggest about legal action if possible.
There has been lot of cases related to errant builders ,who are on sphere of exploiting innocent buyers ,recently Hon'ble Supreme Court had taken a strict action against these builders ,so you must not be dishearten there are number of remedies available to you .
1.File a suit in a civil court .
2.you can also approach consumer court .
3. Or complaint before competition commission of India.
4.Regulatory forum ,like in your case NOIDA authority .
5.or you can file criminal case .
With that you there are other remedies also available ,which could be dealt after going through the details of the contract paper and other documents .If any other query you are free to contact ,always welcome .
1.File a suit in a civil court .
2.you can also approach consumer court .
3. Or complaint before competition commission of India.
4.Regulatory forum ,like in your case NOIDA authority .
5.or you can file criminal case .
With that you there are other remedies also available ,which could be dealt after going through the details of the contract paper and other documents .If any other query you are free to contact ,always welcome .
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Adv. Rishi Kumar
Allahabad | 200+ Answers
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Dear concerned
As you have already cleared all the dues ...it is advised to first take the possession and then get the registry done. Once both of those are done then sharp your weapons and get into litigation with the developer. At this stage you will end up loosing more then you will get as you will not get the possession till the lifetime of any litigation you file putting you in a catch 22 situation .
Hence take the possession later think of litigation you will have option of recovery and consumer cases.
As you have already cleared all the dues ...it is advised to first take the possession and then get the registry done. Once both of those are done then sharp your weapons and get into litigation with the developer. At this stage you will end up loosing more then you will get as you will not get the possession till the lifetime of any litigation you file putting you in a catch 22 situation .
Hence take the possession later think of litigation you will have option of recovery and consumer cases.
Helpful?
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Adv. Atulay Nehra
Noida | 200+ Answers
Chat
Dear one, you can file a suit for cheating as well as claim for possession in consumer forum but first you meet a lawyer with all of your documents so that he can understand all the matters and suggest you a right way to go ahead.
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