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Can a consumer case be filed for delayed offer of possession


15-Dec-2023 (In Consumer Court Law)
I had booked an aptt. in , Noida in 2009. The agreement to sell stipulated the possession in 36 months. I was offered possession in 2016 without registration and super area increased by 100 sq.ft. I had no option but to pay. The property was registered in Dec'17. The company has refused to give me compensation for delayed possession. as per company, I had defaulted on more than two occasions for which the company had charged me interest @18%. I intend to file consumer case against the Company.
Answers (4)

Answer #1
783 votes
Yes, the complaint can be filed in consumer forum. But the better option is to file a complaint in RERA ( Real state regulation and development Act) forum in Lucknow as it has been basically made for such issues to provide speedy remedies.
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Answer #2
819 votes
Normally an area increase is about 5% of the total super area which is payable please look into the matter whether this hundred square feet is supported by the sale deed and final area calculations every agreement to sale of flat has a penalty clause after stipulated period of time and there has to pay the penalty @ agreed for 36 months and thereafter a penalty can be calculated
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Answer #3
899 votes
Dear Client,
As per your above mentioned case, firstly you have to file a legal notice if there is no reply is coming within the prescribed time-limit. Then as per the value of compensation you can easily file a complaint through Advocate.

I work on these types of matter. If you have further query you can easily contact me by clicking my profile.
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Answer #4
577 votes
Yes, you can file consumer case for the redressal of your grievances against the builder. Builders are using such kind of unfair trade practice thst is prohibited under the law. You have right to move the court for the redressal.
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