Delay in possession of flat.Should i claim refund or compensation?

762 votes

You are entitled to a full refund with interest in a case of delay in possession. You must have signed a flat buyer's agreement with you builder. The terms and conditions of the agreement will make you entitle for your claims you are seeking here. You need to give a written representation to your builder for a record for your claim followed by a legal notice from your lawyer. In a case of no reply, you have to approach consumer forum for an appropriate remedy under consumer act. The amount of your claim will be a basis for your forum where you need to file your case.

Advocate Vaibhav Choudhary LawRato

705 votes

You can ask for refund by filing a case in the consumer dispute redressal commission at all the three levels i.e. District,State or National depending on the value of your property or the amount of damage suffered. It is advisable to first send a legal notice to the opposite party giving them chance to respond.

Advocate Aakarshan Aditya LawRato

656 votes

You have an option to file a case before consumer court and demand refunds with interest amounts.....
Case shall be filed in the basis of pecuniary jurisdiction
If it crosses Rs 1 crore, it can be filed before National Commission.
If it is between 20 lakhs to one crore then state commission
Less than 20 lakhs then district forum

Advocate Urfee Haider LawRato

523 votes

You can claim refund along with the interest from the date of payment and you can ask for possession along with compensation for delay in possession. An FIR against the builder for cheating/criminal breach of trust can also be done.

Advocate Pulkit Kamboj LawRato

537 votes

Dear Sir/ Ma'am,

The law doesn't restrict you from filing a complaint before the consumer forum, praying for either relief in alternative. Since the Flat hasn't already been delivered to you, there's no guarantee of time by when it will be; the builder has already defaulted for 2 and 1/2 years already. Approach the consumer forum, request for both prayers, one in alternative of other, and let the forum help you out. It'll help pressurizing the builder to deliver the Flat quickly and remove any unfair charges, as well as take care of compensation owed to you.

Advocate Nitish Chaudhary LawRato