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Builder delaying possession.What will be right legal recourse for it?
08-Mar-2023 (In Property Law)
100% amount was paid to the builder more than a year back (NOC also received that time) and still I am yet to receive the handover of the flat. After several follow-ups and the threat of going legal, the work finally started but the quality being used is not as per the builder buyer agreement. Now I want to go legal for delay + the quality not used as promised in the agreement. Suggestion required: Shall I take the possession of the flat and then fight with the builder legally OR Challenge the builder legally now without taking the possession of the flat (This might cause delay and take the compensation of the delay). Please suggest and guide. Thanks
In reference of the abovementioned u have send a legal notice immediately to the builder under section 11 (3), 12,13,17,18 (1)(a) of the act no. 16 of 2016 i.e. The Real Estate (development and regulations) Act.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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In response to your query, I would like to opine that as you have paid all the instalment but till date possession is not being provided by your builder and the materials r compromised in building the structure....In current scenario, it is advisable to file a civil suit for specific performance of the contract and also claim damages on account of delay. It is further advisable that as u don't have been given Possession Letter, hence it wouldn't be in ur interest to forcefully take the possession. You can seek interim relief from the civil court. Thanks
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Adv. Nitesh Kumar
Delhi | 25+ Answers
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