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Delay in possession of property by builder. What to do?


28-Feb-2023 (In Consumer Court Law)
Based on false commitment from builder we paid in full by May 2016. As per agreement possession was due by Oct 31, 2016, which is till date not done. Now builder is demanding additional money in the name of advance maintenance, in spite of no electricity, no meter, no water tank, no gym, no parking, no other amenities as was promised. Now if we issue legal notice, he has threatened us to play more foul and delay possession further. He is denying compensation as mentioned in agreement by taking shelter of force majeure, even though nothing as such happened in Bengaluru since over a decade. He has extorted money from 2-3 families, who paid the same, driven by sheer situation to complete wood work and move in to the home and thereby save on huge rent expenses. No association of owners has been formed, and yet he is continuing the extortion and without the same he threatened not to allow us to do the furnishing, nor to allow temporary electric connection and water facility.
Answers (3)

Answer #1
828 votes
First you should send a legal notice against him and his delay in construction and later file a case in consumer forum, Bangalore. Only then he will be able to compensate. Also we can also file a police complaint against him for threatening.
Answer #2
613 votes
In case of delay in giving possession, then you can approach for Consumer court. It is the deficiency of service on the part of the builder.

In the date of Agreement there may be clause with regard to giving possession of premises. When it was not done it amount to breach of the agreement. The builder cannot escape from the liability.

Here, the builder will be considered as the Service Provider and you can be refereed as a Consumer.

You can filed a complaint against the builder and can claim damages
Answer #3
769 votes
Your case is a clear example as to how builders take it for granted the rights of buyers. You have to contact all the owners and together pressurize builder to complete the project as promised. We can send him a legal notice and then initiate legal action at consumer court. Feel comfortable to contact me earliest.

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