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Delayed possession of property by builder


12-Jan-2023 (In Property Law)
I have booked a flat in Ghaziabad in one of the upcoming projects and its pending possession since Feb 2012 ( Booking date) and likely to be given in 2017. The builder has planned to put penalty clause to recoup money and also levy other unwanted charges. What is the solution as money is stuck in this project for last 5 years + and with no response from builder. Can't builder be penalised for delaying possession for so long.
Answers (3)

Answer #1
821 votes
Yes. These days the courts and consumer forum are coming over heavily against such scrupulous real estate companies. Pls get the legal notice issued against the builder and thereafter file a consumer complaint before the forum having jurisdiction. Currently few matters are being handled by them including big names i.e Ansals with positive outcomes. Thanks
Answer #2
525 votes
Builder can be penalised for the delay. You have 2 options. First you can approach the consumer forum depending upon territorial and pecuniary jurisdiction and the other option is arbitration if there is an arbitration clause.
Answer #3
934 votes
You can sue for possession in civil court and can file a complaint against builder for damages in consumer forum. What the terms and conditions of agreement says, is also to be considered to take final step against him

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