LawRato

Delay in possession of an under construction apartment


21-Mar-2023 (In Consumer Court Law)
Delay in possession of under construction Apartment and there is no communication informing me about the delay . As per the agreement , possession should be done within 36 months from date of allotment . Allotment date was 16th July 2014 . So, normal possession should be given by 15th JULY,2017. There was a clause of 6 months grace period . That time period is also over. On January 2018 , i made an enquiry and I was told that possession will be given by March ,2018. The simoco sanhita website www.sanhitarealty.com also published the same information,. Now this is March , I found the possession date displaying in simoco website is secretly changed to June . After repeated follow ups, builder is telling that they will try to start the possession in September and will try to complete by December. but they are refusing to give any compensation for the delay and saying they will apply force Force majeure clause due to demonetization. cant i get compensation because of demonetization?
Answers (3)

Answer #1
773 votes
In my opinion you can wait for possession otherwise you can file a case before the Cinsumer Disputes Redressal Forum for deficiency of service . But without detail discussion and document review proper consult is not possible.
Answer #2
924 votes
You can file a consumer case in consumer court against the builder as there is delay in possession and asked for compensation along with interest of the amount you have paid with litigation cost .yes you can ask for compensation.
Answer #3
708 votes
you must immediately move to the consumer court for this matter. In accordance with your information, I would suggest you to move before the competent court as soon as possible. For better advice, a face to face conversation is necessary.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."