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Delay in possession by builder what can we do
02-Jul-2023 (In Consumer Court Law)
We booked a flat in an apartment in 2012.they said that they will hand over flat in 20 months.it had been nearly 4 years.still now work is in first floor.they always giving fake promises.work is not at all starting.in addition to that they are asking extra money to start work We are paying loan amount to the bank.plz suggest what to do ? Nearly 20 people like us are suffering.
You should immediately serve a legal notice and take them to the consumer court. Also pray for some interim relief.
Nowadays lot of cases are coming up like that. And you need to take fast action to safeguard your interest.
Nowadays lot of cases are coming up like that. And you need to take fast action to safeguard your interest.
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Adv. Abheek Saha
Bangalore | 100+ Answers
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Sir,
There will be two agreements between thevflat purchaser and thebuilder, i.e. Sale Agreement and Construction Agreement. The Sale agreement is regarding sale consideration amount and its pay schedule along with time limitation.Construction Agreement is regarding constrution and delivery of flat within a stipulated period of time. There is always a default clause in both the agreements tothe extent that if any delay is caused in delivering the completed flat to the purchaser, in such event the builder shall pay a calculated monthly ret tothe purchasers till he completes th flat anddeliver the vacant possession. So kindly verify your agreements and you can sue the damages from the builder in appropriate forum.
Thanks and regards
There will be two agreements between thevflat purchaser and thebuilder, i.e. Sale Agreement and Construction Agreement. The Sale agreement is regarding sale consideration amount and its pay schedule along with time limitation.Construction Agreement is regarding constrution and delivery of flat within a stipulated period of time. There is always a default clause in both the agreements tothe extent that if any delay is caused in delivering the completed flat to the purchaser, in such event the builder shall pay a calculated monthly ret tothe purchasers till he completes th flat anddeliver the vacant possession. So kindly verify your agreements and you can sue the damages from the builder in appropriate forum.
Thanks and regards
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Adv. S.A. Mohammed Rafi
Bangalore | 25+ Answers
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Dear Sir/Madam, you have every right to get delayed compensation from the said builder, you have good case on merit, you have to issued a legal notice to the said builder through advocate, if the said builder not complied demand legal notice, thereafter you have to file petition u/s 12 of the Consumer Protection Act, 1986 before jurisdictional district consumer forum. If you want my legal service I will do it.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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If you have 20 people suffering so,you can approach us we can file pil and get you relief ,yesterday itself Honble supreme Court passed a compensation of 5 crore rupees to be paid to the client against builder ...and hence unless you won't fight there is no solution ,hence better meet our office and we can see all documents for early relief .OFC : Adv pankaj Kumar .
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