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Delay in possession for more than a year What action to take
19-Jun-2023 (In Consumer Court Law)
Hello Sir I had a booking in a flat in 2012. The BBA mentions date of possession as Feb 2015 + 6 months gross period so this comes out to be Aug 2015. But till now possession is not being offered. When I forced to get a possession date, the possession date communicated is March 2017. Now the actual point is that I have lost interest in the property. The reason being the delay in possession and also the image that the builder has right now in market. What legal action can be taken? The BBA mentions penalty close of delay as Rs 5/sqft/month But can I ask for refund with interest?
Dear querist,
The first step to anything legal is a legal notice to be sent to the builder covering all the problems that you have had to face due to the negligence of the builder
This legal notice becomes the base for all future legal steps which in this case will be to approach the consumer forum of appropriate jurisdiction
The court in matters like yours tends to settle the matter through mediation, which will be an easy and fast way of getting your money out
For a detailed opinion I would have to see the documents supporting your claim
Regards
Chetan priyadarshi
Advocate
New Delhi
The first step to anything legal is a legal notice to be sent to the builder covering all the problems that you have had to face due to the negligence of the builder
This legal notice becomes the base for all future legal steps which in this case will be to approach the consumer forum of appropriate jurisdiction
The court in matters like yours tends to settle the matter through mediation, which will be an easy and fast way of getting your money out
For a detailed opinion I would have to see the documents supporting your claim
Regards
Chetan priyadarshi
Advocate
New Delhi
Helpful?
17+
17+
Adv. Chetan Priyadarshi
Delhi | 25+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Ganesh Singh
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Ganesh Singh
Helpful?
16+
16+
Adv. Ganesh Singh
Delhi | 500+ Answers
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You should file a consumer case before the consumer court for refund of original amount along with interest and compensation for harassment mental agony and financial loss ( like the money you have spent on alternate residence after August 2015 ) . The case should be filed before August 2017 as there is a limitation of 2 years for filing the consumer case .
Helpful?
14+
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Adv. Suneet Bhardwaj
Delhi | 25+ Answers
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You could file case in consumer court . You said that in penalty clouse in BBA panalty only rs 5/per sq ft/monthly this means only 1.8(one point eight ) percent per year but on delay payment by consumer builders mostly charge Eighteen percent interest from consumer so it is not legally correct bba.Therefore you may also demand 18% interest on your money after delay in possessions +Harrasment &mental agony as well as litigation cost from builder.
Demand of refund with interest ofall money is not aappropriate right now in your matter.
Demand of refund with interest ofall money is not aappropriate right now in your matter.
Helpful?
15+
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Adv. Neeraj Kumar Sharma
Delhi | 25+ Answers
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you may ask for refund through consumer forum, by filing a complaint in the forum and you can get good compensation for the delay on part of the builder, it is recommended to approach consumer forum based on the value of consideration you have paid.
Helpful?
11+
11+
Adv. Nitish Banka
Delhi | 100+ 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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