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late possession penalty
27-Jul-2023 (In Property Law)
I purchased a flat in Orris Greenopolis, Gurgaon. Possession has been delayed. Can I get compensation? Can a penalty be imposed against the builder?
Courts have imposed huge penalties in various matters and assured that the possession of flat is given at the earliest or the entire amount is refunded along with interest and compensation. Consumer courts have awarded exemplary compensation like 65 lakhs along with 18% interest as compensation in the matter of Unitech, Jaypee group was penalized with 12% annual penalty with respect to its NOIDA project.
To claim compensation you when the builder has delayed the possession you can to any of the following-
1. File a consumer complaint- You can approach the consumer forum on the ground of "deficiency in services". Courts have held "delay in possession" as deficiency of services.
2. File a civil suit- You can also file regular civil suit. When the builder fails to deliver possession of your flat within the stipulated period there is a breach of contract. You can also bring a civil suit, in case you are not a consumer.
3. You can also file a criminal complaint- If your builder has cheated you then you file a case against him under the provisions of Indian penal code.
4. Approach RERA- The new legislation has set up a regulatory body to adjudicate disputes pertaining to real-estate. You can also file a case before these forums.
Consult a lawyer to get the most appropriate remedy.
To claim compensation you when the builder has delayed the possession you can to any of the following-
1. File a consumer complaint- You can approach the consumer forum on the ground of "deficiency in services". Courts have held "delay in possession" as deficiency of services.
2. File a civil suit- You can also file regular civil suit. When the builder fails to deliver possession of your flat within the stipulated period there is a breach of contract. You can also bring a civil suit, in case you are not a consumer.
3. You can also file a criminal complaint- If your builder has cheated you then you file a case against him under the provisions of Indian penal code.
4. Approach RERA- The new legislation has set up a regulatory body to adjudicate disputes pertaining to real-estate. You can also file a case before these forums.
Consult a lawyer to get the most appropriate remedy.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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