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Delay in possession by builder what action can we take
19-Dec-2023 (In Consumer Court Law)
We are a group of 20 buyers filing case in NCDRC as we booked a flat in 2012 and possesion was promised in feb 2016 however only 20 percent has been done yet and is nowhere near completion. Now, builder, to show himself dedicated and to extract more money has begin construction in full swing. Will it have negative effect on our case. Should we have to pay next demand of builder and can we deny to take posession now asking for a refund in court as it will still take years to complete even if builder continues to work in full swing.
Yes, you all can file class representative complaint., wherein, the grievance and relief has to be same for all the Complainants.
You all can refuse possession and seek refunds with interest and compensation.
You all can refuse possession and seek refunds with interest and compensation.
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Adv. Urfee Haider
Delhi | 200+ Answers
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Hi..
You can very well initiate an action against the builder for recovery of the invested amount along with interest as there is delay in delivery of the flats and that as per your statement only 20% work has been done till date.
Therefore, even if the builder is trying to speed up things now you can secure an order in your favour. further, even assuming the consumer forum considers the builder making efforts to speed up things, you can still seek delay interest on the money invested till the date of possession.
Hope the above is helpful.
You can very well initiate an action against the builder for recovery of the invested amount along with interest as there is delay in delivery of the flats and that as per your statement only 20% work has been done till date.
Therefore, even if the builder is trying to speed up things now you can secure an order in your favour. further, even assuming the consumer forum considers the builder making efforts to speed up things, you can still seek delay interest on the money invested till the date of possession.
Hope the above is helpful.
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Adv. Tushar A John
Delhi | 25+ Answers
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Dear Client, you are hereby advised to consult the lawyer who drafted the complaint as he might have mentioned the compensation amount in the prayer clause of your complain for the delay already caused. If not so then you will have to file an application for adding the same.
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Adv. Neeraj Dubey
Delhi | 25+ Answers
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For answering your query the contract and the terms of agreement between the buyers and the builder have to be seen. However as a general law if the allotment has been done in your name and the next part of payment is based on the level of construction done then you should not wait to proceed before the NCDRC to claim a refund. However for a wholesome understanding of your case you can contact me and arrange a meeting so we can discuss the matter in detail and I may be able to give you proper advice.
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Adv. Aditya Gupta
Delhi | 100+ Answers
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No- delivery of possession of flat by builder at promised time is deficiency of service. Where the builder has failed to complete the construction and deliver possession of the flats without any valid reason whatsoever, it was clear from his material that the services rendered by you were clearly deficient in nature. You may file a complaint for deficiency in service and liable for possession, interest, compensation and cost.
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Adv. Vikash Kumar
Delhi | 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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