Do I need to give notice to builder, in case of delay in possession?


I had purchased an under-construction apartment in Delhi in April 2013. At the time of purchase, I was told that the possession of the apartment shall be handed over to me in the month of January 2015. The builders have delayed possession of flat for more than a year now and they do not respond to any of my calls and emails. What legal remedy do I have? Do I need to issue a notice to the builder?

Answer

Since, the possession of the flat is still not given to you, you can send a legal notice through your lawyer to the builder, claiming refund of the amount paid by you in purchasing the flat along with interest and damages. 

If still the possession is not granted to you, file a consumer complaint, in the appropriate consumer dispute forum for deficiency in service, against the builder.

The appropriate consumer forum for filing the complaint depends on the value of the property; if the value:
  • Is less than 20 lakh -District Commission.
  • Is more than Rs 20 lakh - State Commission.
  • Is more than 1 crore - National Commission in New Delhi.

Before filing the complaint do make sure that you have all the adequate documents/papers like brochure, assurance of the builder for early completion etc in order to prove your allegations. 


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