Delay in possession of flat what can I do


Possession was promised in 2014, now delayed by 2 years. Recently, besides the last but one CLP demand, there was an addl-demand towards [email protected]/- psqft, which infuriated us, as such demand when there is no WORD about possession. Is there a leagl point in going against them legal abt Fire-fighting charge at this stage, or any other VALID stand that we cud go against builder? If yes, what are such stand, and how much will you charge our association ( not yet rgd!) as fee? Can u file a case for us in Consumer court for delay in possession and other charges ?

Answers (3)


130 votes

You must definitely approach the Consumer Court in this matter and take both points to Court. A clear position on the latest demand can be ascertained correctly only after going through the agreement signed with the builder. You will have to get all papers in order and it is not necessary that you have to register an association before you can file the case.


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103 votes

Answer to your query about charges against fire fighting equipment will depend upon the clauses of Builder/Buyer agreement. However, delay in handing over the possession of flats itself is a sufficient cause for action. If a group of persons wants to file a case under similar facts and circumstances it can be done even if there is no registered association. Litigation expenditure and mode of litigation etc can be discussed but charges will be reasonable, more so if there is a combined case by a group. We shall also ask for the cost of litigation to be paid by the builder which is generally accepted by the consumer courts. For further action in the matter kindly discuss personally along with a copy of Builder/Buyer agreement.

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50 votes

For delay and additional costs involving builder buyer agreements we can take a resort under consumer law and we regularly have matters in the said forums ; from district to national commission. It is important that we go through the builder buyer agreement before that we cannot say where it would be needed to file. for further query please contact us

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 Consumer Court Lawyers at LawRato.com 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 LawRato.com or contact a Lawyer of your choice to address your query in detail.

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