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Delay in construction what can I do
21-Jun-2023 (In Consumer Court Law)
Hi Sir, I have booked a flat in Sare Sector 92. As per the agreement made under Construction linked plan due date for the possession of the flat is Jan 2017 including 6 months of grace period. Looking at the current scenario, it seems impossible to get the possession by Jan 2017 and there will be a delay of 2 or more years. I got my next demand generated from the builder and now I am under the dilemma if I should pay the demand and got my more money blocked with the builder or shall I not pay?
Whether to block your money or not will depend upon commercial considerations rather than legal. Before making next payment you may ask the builder to intimate revised schedule of giving possession and if the revised schedule is not acceptable to you then you are legally entitled to get your money back. If the builder does not return your money you may take legal recourse through consumer court.
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If you have opted for the construction linked plan then I suppose the demand must have been raised after the builder has reached one milestone as provided in the buyer's agreement. Thus, it would not be entirely feasible to challenge the demand. You could negotiate with the builder with respect to the time frame of payment. Your anticipating that there would be a delay might also not make for a very strong case for approaching the Consumer Court at this stage as the complaint would be premature. I would suggest that in case you do not want a refund and want to retain the property, you must wait until January 2017 for filing a complaint. However in case you want to give up on the project and want a refund you could take your chances before the Consumer Court.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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Hi, in the present scenario we would first need to have a look at your builder buyer agreement regarding the cancellation policies and only then suggest you something, for now if you will not pay the amount due as requested then the builder will start charging you interest on the said amount, please feel free to contact us with all the necessary documents for us to help you find a solution.
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Adv. Omar Siddiqui
Gurgaon | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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