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Delay in possession of flat by builder what to do.
02-Jan-2023 (In Consumer Court Law)
I booked my property in September 2009 and have been paying the installments as per the completion stages (i.e. ground floor slab, First floor slab completion).After 7 years, I have been asked to take possession. I still have to pay amount due at possession (5% of basic sale price) and Development/Sinking charges. If I go with the Sale agreement done in 2009, then as usual it is biased towards the builder. The main point stated in the sale agreement is that the possession will be given within 27 months of sale agreement (Dec 2009) i.e. by March 2012. The compensation is very small as the builder includes additional time for labour, market, force-majeure, modification etc. Additionally, they charge at 18% interest, but give 3-4%. What options do I have if I want to fight this injustice. Hope to get a steer from your team regarding the above and any connect with appropriate lawyers will really help me to get legal course.
These facts suggest its clearly cheating case, its clearly breach of trust, false promise which has not been fulfilled. Better to file criminal case . It should have been filed in 2012 or 2013 itself. Consult an Advocate for further information near your area.
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As a first step i suggest you to first issue a legal notice to the builder narrating his deficiency of service in handing over your flat on time and thereby cause damages to you. Thereafter it is advisable to file a consumer complaint before the Consumer Disputes Redressal Forum, Bangalore against the Builder claiming possession with compensation.
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Adv. Jagadish N
Bangalore | 400+ Answers
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You can file a case before the consumer court for delay and deficiency in service and get back all the deposits with compensation/interest upto 18% on the deposits for the delay period, which is pretty long in your case. Also you can claim mental agony compensation for harassment and delay... We have won several of these cases against such builders with the above result. Feel free to consult for further legal advice.
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Adv. Ayantika Mondal
Bangalore | 400+ 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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