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Delayed posseission of flat. What are my legal options
14-Apr-2023 (In Consumer Court Law)
I booked a 2bhk flat in 2007 in a propoerty comprising TWO towers, in Pune, being developed by a FAMILY MEMBER. The booking amount of 8.75 lac against a net cost of 31 lacs was paid in Dec 07. Tower A and a common podium was constructed & delivered in 2012. Tower B was not constructed view internal dispute between partners(developers) and also partly view change of some govt laws, which have been contested by the builder. My booking was for a flat on the 7th floor of tower B and now in 2017 the builder is offering me a 2nd floor flat in tower A as an alternative and claiming balance payment of 23 lacs without any compensation for delay in delivery or compensating me for loss of interest on 8.75 lac that hav been with him for about 10 yr. Being a family member there is no written agreement also.Can i seek 9% compound interest on booking amount and pay the balance due, which is what i have offered. Pl advice on way ahead.
hello,
you can approach consumer form for our grievance however documentations plays important role as it serves to be a good evidence in the eye of law. you can claim compensation for prolonging the possession of the flat also for not meeting your demands.
you can approach consumer form for our grievance however documentations plays important role as it serves to be a good evidence in the eye of law. you can claim compensation for prolonging the possession of the flat also for not meeting your demands.
Helpful?
There being no written agreement, you hardly have any case for consumer forum. At the most, you can approach civil court with pleadings about oral agreement and then you will have to prove them by leading evidence.
Helpful?
Adv. Avinash Rajendra Kalraiya
Nagpur | 25+ Answers
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Dear client if there is no written agreement then u cannot ask any thing from builder. It's better that to take flat offered by builder. For filing any case u need documents. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
Helpful?
since there is no written agreement, the ball is in the builders court. however there are ways to convince the court if we approach the court for compensation based on the delay in delivering the flat and interest on that amount.
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Adv. Siddhesh Chaugule
Mumbai | 25+ Answers
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