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Builder changed flat features and not paying penalty for delay


02-Jan-2023 (In Property Law)
I bought a property with a promised delivery date of Oct 2015, Till now I haven't received possession, the construction is completed but they say they are waiting for completion certificate from Govt which will take 2-3 months more. Furthermore they changed the type of commode in the flat from what is mentioned in the brochure and refuse to change it citing management decision to change etc etc. What is my next course of action if I want to file a case in consumer court ? Do I wait and take possession first ?
Answers (3)

Answer #1
652 votes
firstly i would suggest , have a close look into the agreement for sale and its clauses. though the possession date stated by you be present, but their is alays a clause of time extension for delay due to government authorities in complying cetain procedures.
Answer #2
888 votes
No. You should immediately file a consumer complaint as its a big delay from the builders side and the changes made by him , he has made a false representation in his brochure. You should not wait for possession.
Answer #3
697 votes
Dear Sir /Madam,
Send a legal notice to the Developer for carrying out the appropriate changes as provided in the brochure and as promised to you. File a case in the consumer court if the Developer fails to incorporate those changes in the flat.

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