Builder not giving possession to buyer
16-Feb-2023 (In Consumer Court Law)
1.WE have booked a flat in July 2013 at 95%down payment .according to BBA possession was supposed to be given in Dec 2013 (plus/minus 6 months)but project (with all promised aminities) as well as unit could not be completed by July 2016 when visited the site though some families started living in ongoing project work state. Now builder wants full payment and not adjusting /deducting delayed payment charges from the final payment. Moreover area of unit has also been increased and so as the cost of unit.He wants full payment first and then after 1or 2 months he will complete the unit and handover it.we the sent legal notice also but no reply. Pls suggest what should we do now.and how to take possession of unit. 2)this case to be filed in consumer court or civil court ,where the heari g of case is quick n fast. we follow Hindu religion
I have gone through ur problem once u can't claim possession of property because it's under construction and I don't vknow what r the terms and conditions of the agreement.kindly consult to advocate.
An action before the Consumer Forum is your best remedy. Your religion is irrelevant for the purpose. Courts in India are "secular" (like it or not). Please let us know if the value of tbe apartment is more than 80lakhs, in which case including compensation for mental harassment you can file before the National Forum in Delhi. Otherwise you would have to file before the State Forum in your state. The finer points such as increase in Super Built Up Area and Delay compensation will have to be ascertained after looking at your contract with the builder. Best of luck.
you should immediately prefer a consumer complaint, you can ask for adjustment of costs with respect to delayed possession and also seek directions to the builder to handover possession. the jurisdiction of the consumer forum will depend upon your claim amount.
A consumer case can be filed depending on pecuniary jurisdiction. That is faster in comparison to civil suit.
Civil suit may take years.
With complaint, you should seek interim order from.the forum/commission that possession should be handed over till the time final order is awaited from the Forum /commission
Civil suit may take years.
With complaint, you should seek interim order from.the forum/commission that possession should be handed over till the time final order is awaited from the Forum /commission
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