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Delayed possession by builder What legal action can I take


16-Jul-2023 (In Consumer Court Law)
I have booked a Flat at Amrapali Golf Homes at Noida Extension,on 7/08/2010 from Amrapali Group.But till date I have not received the Flat.The time period for handing over of Flat was 30 months from the date of starting of excavation/signing of agreement which may very from +_ 6 months.Agreement was signed on 10/12/2010.I want to send a legal notice as well as asking for compensation for delaying possession of my Flat..Although M/s Amrapali Groups has sent me a formal letter on 27/12/2012 intimating about renewed time of possession by January 2015 (+_ 6 months).Please suggest.
Answers (3)

Answer #1
666 votes
Hello,

You can serve them with a legal notice, and after that you can proceed to the consumer forum and claim your damages. The law is in your favour and I suggest you to proceed with the same, as the builder has already violated the deadlines given by him.

Thanks and Regards
Answer #2
551 votes
Hi
Sir,
You should be file a consumer complaints in consumer Court against the builder.
it is perfect time for case filing because supreme Court and consumer Court have serious against late possession.
Answer #3
958 votes
Dear owner as i can understand from your query above that you are facing problem with the real estate property construction. The best way is to first approach the builder grievance readdress team to help you resolve your query. If you are not satisfied initiate a complain and wait for the revert , if still you are not satisfied than you can initiate a complain with the online consumer forum or approach a consumer forum bench for resolution of your issue along with the copy of the complain which you have made to the builder, and As according to the National Commissions ruling, the consumer has right to refund along with compensation when a builder delays possession beyond the agreed time. Regarding the betrayal of contract, first contact your builder, if the builder didn't pay you the compensation then it can be said that the builder is breaching the contract. You can later consult and hire a good advocate and file your case in the matter if you are not satisfied with the builders response.

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