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Delayed Possession due to stay on environmental clearance
28-Nov-2023 (In Property Law)
I booked a 2BHK flat @RATAN NEPTUNE PUNE in oct 2014. Per Agreement possession was due in Dec 2015 but to no avail due to environmental clearance certificate. Need your advice in deciding whether to terminate the agreement or file a complaint against builder as they didn't disclose this while going for an agreement ,also as I am not sure whether the stamp duty and registration will be refunded if the contract is terminated. Please help as this is going into deadlock.
please send legal notice to the builder for not giving the possession and claim the losses as well as other expenses like penalty and demand to handover the possession in one month.
after that file complaints against the builder in court and police.
after that file complaints against the builder in court and police.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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Dear Sir/Madam,
You can file a consumer complaint for seeking possession of the flat and also for the damages suffered by you as a consequence of failure for handing over the possession of the flat by the builder. You can seek possession of flat, alternatively you can seek the present market value of the flat and also claim the stamp duty and registration charges from the builder. Under Maharashtra Ownership of Flats Act you can register a FIR against the builder for not delivering the possession of flat. Please feel free to get in touch if you need any assistance further.
You can file a consumer complaint for seeking possession of the flat and also for the damages suffered by you as a consequence of failure for handing over the possession of the flat by the builder. You can seek possession of flat, alternatively you can seek the present market value of the flat and also claim the stamp duty and registration charges from the builder. Under Maharashtra Ownership of Flats Act you can register a FIR against the builder for not delivering the possession of flat. Please feel free to get in touch if you need any assistance further.
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Adv. Mohammed Zain Khan
Mumbai | 100+ Answers
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As of today, the market rates of immoveable property in Pune are not in appreciation due to the economic conditions of market and national reforms... I suggest you to terminate the agreement if you see possession delays more than your highly positive expectations there. You may also get good deals now then that you have choosen and which has not responded according to the stipulated, as time and money is essentially for you... and about the stamp duty you can ask for the refund for the same but the process is time consuming, and regular followup is necessary...
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