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Delay in handing possession by the builder what action can I take


25-Apr-2023 (In Consumer Court Law)

I own a flat under possession stage at Supertech cape Town. The flat was supposed to have handed over to me in 2013 March if not then builder would pay INR 5/- per sq ft (1295 sqft) as per agreement. I had followed up with the builder but in 2015 builder to delayed payments I would need to pay penalty, which I paid first then shared demand letters with date. They agreed to withdraw the notice with a condition that I sign a document that I would not ask for penalty and made me sign the document. Please advise what is the available options for me to make supertech pay for harassment.

Answers (2)

Answer #1
877 votes
Respected Sir,
If your agreement provides that the possession was to be given by 2013 and the possession has still not been given then you are entitled for the penalty as well as possession. You can approach the consumer forum depending upon the territorial as well as pecuniary jurisdiction.
Answer #2
930 votes
The builder has on obligation to pay the penalty amount , and the same can be realized by approaching the concerned consumer forum, you are entitled to either possession of the said property or refund of the entire amount which has been deposited by you. Please note that the success of your case depends on particular facts and circumstances such as the delay in payment of installments. also please note that in case you have waived off your right to receive penalty, the builder may point out the same in court, and may dis entitle you from your contractual right. kindly contact for further clarifications.

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