Delay in possession of flat what can I do

514 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

Advocate Omar Siddiqui LawRato

678 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.

LawRato LawRato

900 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.

Advocate Rohan Mittal LawRato

514 votes

Dear client first send the legal notice through the lawyer to the builder and ask him immediate possession and also ask compensation for mental harassment. If builder will not act per notice then file case in consumer court. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

904 votes

Dear Sir,

You can certainly file a case in the Consumer Court on this ground itself. Whilst making the case, the appropriate prayer which calls for the whole amount with interest should be put in the complaint.

If, there are correspondence exchanged between you and the builder, wherein you have requested for possession and the builder has failed to reply or negated the request then the same can also be exhibited in the complaint.

Regards,
Sriraj Menon

Advocate Sriraj Menon LawRato