LawRato

Delay in possession of commercial property what can I do


10-Jul-2023 (In Consumer Court Law)
I bought commercial property in 2007. The property is still under construction. Builder is not giving any time line to finish the project. He is saying that they do not have money. What should I do? I want the builder to return my investment and 10% penalty as per contract.
Answers (3)

Answer #1
962 votes
That you should prefer a Complaint before the Consumer forum, if they are not in position to give the possession of the flat your at least entitled for refund of money without any deduction as per the rulings of NCDRC in the cases of (Shipra Estates Ltd. v. Shri Naresh Chandra Seth 2013 SCC Online NCDRC 186) (M/s Alien Developers Pvt. Ltd. v. Vijai Chennupati 2015 SCC Online NCDRC 2340) (Veena Khanna v. M/s Ansal Properties and Industries ltd. 2007 SCC Online NCDRC 49) (Kushal.K.Rana v. M/s DLF Commercial Complexes Ltd. (2014 SCC Online NCDRC 564).
Answer #2
704 votes
Dear Sir,

You have a legal right to claim penalty and refund of your money.

It is adviced that you serve them with a legal notice.

Please feel free to contact the undersigned.

Regards
Pragya Wazir
Answer #3
810 votes
hello,

the first thing that you should do is send the builder a legal notice showing your concern. and if the builder fails to settle the matter through the Legal Notice you can file a case against the builder before the consumer forum, the law is settled in your favor.

best Wishes and Regards

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."