Builder delaying completion of flat for possession


builder  took advance in April 2006 for handing over constructed flat by October 2008 but did not even start and then assured in writing to hand over by 31.03.2012 while admitting receipt of 95% costs till November 2011. But, even after 11 years, the flat has not been completed for offering possession to the investor builder  has been maintaining complete silence since 2012 ?

Answers (5)


337 votes

This has become a very common problem now a days. You can file a consumer case against the builder asking for the flat or the money along with compensation. You can further file a civil suit for recovery on money or for the specific performance of the contract executed. But first for the start it would be better that you issue a legal notice against the builder putting forth your issues and demands.


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100 votes

possession is not delivered on time, a purchaser can send a notice to the builder, claiming refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder,”

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163 votes

You must take legal action immediately as the limitation period to file a complaint is running out and if you delay further you may not be able to get the remedy consumer protection and will have to look for alternative remedy. In order to suggest you clearly we are require to see necessary documents and the terms and conditions there of.

71 votes

You can take him to consumer court or file a FIR.

You have mentioned builder took advance in April 2006 for handing over constructed flat by October 2008 but did not even start and then assured in writing to hand over by 31.03.2012 while admitting receipt of 95% costs till November 2011.

You have not mentioned when was the last part payment made by you.

But, even after 11 years, the flat has not been completed for offering possession to the investor builder has been maintaining complete silence since 2012 ?

You need to show all correspondence to a lawyer to examine and give a more accurate advise.

76 votes

Dear Sir,
You should immediately file a consumer complaint at Consumer Court and simultaneously file a complaint with the police to get the relief..there are catena of judgments in your favor..So file a consumer complaint

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