Delay in possession of an under construction apartment

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 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)

72 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.

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131 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.

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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.

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 and has been responded by one of the Consumer Court Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

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