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legal recourse against builder for delay in possession of flat


05-Mar-2023 (In Property Law)
I booked an independent floor with in the year 2009. The builder has taken full period since then (construction linked) and is yet to hand over the possession. As per the contract, the builder is to pay a late payment penalty. However, he is refusing to pay the same citing that the delay was due to conditions beyond his control. I am currently paying rent and incurring huge financial loss due to the delay. What is my legal recourse?
Answers (3)

Answer #1
571 votes
The case is of delayed possession by a builder.

You can initiate a legal action against the builder by filing a consumer complaint in the appropriate consumer forum and ask the court for compensation in the form of interest for the entire period of delay, for an immediate possession subject to your satisfaction of completion of work and for other compensation towards legal costs etc.
Answer #2
510 votes
Legal remedy to file a consumer complaint to recover the amount, or to take the possession of the property.

Jurisdiction of the consumer complaint is there where property is situated.

And you need to see the contract/agreement for the amount and the interest ro be claed for delay payment.
Answer #3
549 votes
Sir, You have available many remedies under Consumer Protection Act and Real Estate Regulation Act. Delay in Possession by the fault or intentionally or due to conditions beyond his control in manner, he is liable to compensate you. Its sure, if you will file the case against Builder, than definitely get Relief and Justice.

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