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Delayed delivery and illegal possession of apartment by builder
29-Mar-2023 (In Property Law)
I booked a flat in BPTP Park Floor - 2, Faridabad in 2008, delivery was to be done in 2011. The delivery was done in 2011. In 2013 BPTP said I can take "Possesion for Fitout", although it was not mentioned in Buyer - Builder agreement. So I paid all installments. Later I learned BPTP has not Occupation Certificate (OC) for the project, but was still trying to to give possession. I have refused to take possession without OC and the builder is insisting that they are not at fault. They are neither paying the fine for delayed delivery nor giving clear answer about OC. What to do?
File a Consumer Complaint provided you have the documents. Clear cut defeciency of service on the part of the builder, you have a good case. Refer Section 12 of the Consumer Protection Act for better understanding.
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Adv. Tushar Roy
Delhi | 25+ Answers
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You have a very good case. Please move a consumer case before the appropriate forum, taking into consideration the damages claimed by you. Please claim possession and compensation for the delay in the delivery for possession. The Consumer Courts are passing very favourable pro-consumer orders.
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Adv. Manisha Ambwani
Delhi | 100+ Answers
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You may file consumer complaint before comoetent consumer forum of jurisdiction. There possession, compensation, interest, costs and expenses can be claimed. In addition complaint before concerned authority qua offering possession without OC and such other NOCs and clearances. If authority fails to act, then writ petition before concerned HC. If arbitration clause is there in agreement then arbitration claim may be filed. But consumer proceedings can always be filed in addition.
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Adv. Mareesh Pravir Sahay
Delhi | 25+ Answers
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