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What action can i take against builder who is delaying possession


28-Aug-2023 (In Civil Law)
I booked the flat in Bangalore in Nov 2012 & i was supposed to get possession in Dec 2015. I have not received the possession yet and builder is not giving any reply related to OC or possession, what actions can be taken against builder.?
Answers (3)

Answer #1
856 votes
If the parties entered into an agreement for purchasing a flat the builder was under a contractual obligation to complete the construction and hand over possession of the flat to the buyer. Therefore, he can take an action against the builder for delivery of possession of flat and compensation from the time of the possession was due under the agreement till the date possession was granted.
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Advocate Komala J

Adv. Komala J

LawRato Bangalore / Bengaluru | 25+ Answers
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Answer #2
827 votes
In this case you can issue him a legal notice for deficiency in service and file a consumer complaint asking for the relief of possession and O.C and also compensation for the loss and hardship caused to you, if you delay further then the problem of limitation arise as consumer complaint can be filed within two years of cause of action and in your case it has arison, so issue legal notice and file complaint.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

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Answer #3
595 votes
Sir There is a deficiency of service. You can file the consumer case under the ground of delay in hand overing possession. Moreover there is breach of agreement from the builder. Here you can file a case against the builder seeking the compensation for delay in possession.
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Advocate M Lakshmikanth Arya

Adv. M Lakshmikanth Arya

LawRatoBangalore / Bengaluru | 700+ Answers
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