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Delay in possession of flat what action can I take against builder
18-May-2023 (In Consumer Court Law)
Flat not ready for possession at Amrapali Silicon City Noida. flat was booked on 14.04.2011 and possession due on Sep2013, within 30 months of Booking. Penalty clause is there in agreement Rs.10 per sq feet per month after 30 months. full Payment has been made on time and finlal payment was made on 01.10.2014 only. but neither possession nor penalty on delay yet handed over by builder. Kindly advise if it is good to go consumer court. if yes who can help us to go ahead.
Hi Sir. You can very well approach the consumer forum i.e. District/State depending upon the jurisdiction and the monetary terms. For clarity I would be needing the builder buyer agreement so that we can draft the complaint and claim the penalty. There are numerous judgements in which the consumer forums have given the judgement in favour of consumer. Please get in touch for further clarification.
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Adv. Ridhima Chhatwal
Delhi | 25+ Answers
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hello,
yes you can file a case against the builder in the consumer forum for delay in possession. the court in recent judgments also is going hard against the builders inn such matters. we have been doing such matters in all the forums. i would like to know the amount of the flat accordingly we can advice you where we can file the case.
yes you can file a case against the builder in the consumer forum for delay in possession. the court in recent judgments also is going hard against the builders inn such matters. we have been doing such matters in all the forums. i would like to know the amount of the flat accordingly we can advice you where we can file the case.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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in such cases, as of now the laws provides the consumer to go to consumer forum. Depending upon the location and the amount concerned the respective forum having jurisdiction can be decided. It is advised that you concern a lawyer to take things forward. Your case appears to be strong and there are many precedence in this regard. Also, with recent Real Estate (Regulation and Development) Act 2016 the situation and the court may change. However considering the timelines of your case it is opined to take actions without further delay. It is also specified that before taking builders into consumer forum it is necessary that legal notice is sent to them.
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Adv. Ankit Chaturvedi
Delhi | 25+ Answers
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Depending on the amount of final payment pecuniary jurisdiction can be decided and consumer court can be approached. There are several cases being filed each day of like nature and orders of full refund with interest can be awarded or possession of the flat , if the flat is ready with penalty can be awarded. You can contact us asap for the same. Regards
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Adv. Shikha Sapra
Delhi | 25+ Answers
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