Legal action against the builder who delayed possession of property

725 votes

There is no way builder can ask you for penalty if your payment is delayed and he has still not given possession you can send him a notice thru an advocate stating that you are not liable for any delay of payment and further if the builder demands the payment then you can take action against him in RERA or consumer court or criminal complaint under mofa act

Advocate Abhishek Moreshwar Gokhale LawRato

761 votes

if you have entered into a registered agreement and if the delivery of date of possession is on june 2016 and physucal possession is still not handed over to you then, you can file a complaint in RERA Authority against the promoter/builder (if his project is registered under RERA). you can claim interest per month for delay from june 2016 till date of handing over the possession of the flat and also claim compensation.

Advocate Siddharth D Magdum LawRato

734 votes

Filing case will again delay possession of flat. firstly send your builder a legal notice and ask for possession of flat, also show your willingness to pay balance amount , thereafter file a police complaint before local police station.. it will definitely work , it will save your time , money ..
If builder does not tern up positively file a consumer complaint.

Advocate Sharad Malode LawRato

826 votes

Yes you can file the petition and prayed for damages for delay in giving possession. Section 3(2)(f) of The Maharastra Ownership Flats (Regulation of The Promotion of Construction, Sale, Management and Transfer) Act, 1963 Section 3(2)(f) clearly state that “Specify in writing the date by which possession of the flat is to be handed over (and he shall hand over such possession accordingly). If the builder assured you in writing, then it is his obligation to handover the possession accordingly. In the case of M/s. Paranjape Construction Co. Vs. Nilesh Ram Marathe, 2001 BHCCO 42056 the Hon'ble Bombay High Court held that, "Builders delayed the possession as also failed to do and therefore the same would constitute deficiency in servise." In this case further the Bombay High Court held that, " Section 14(1)(d) of Consumer Protection Act, empowers Forum and provides for the payment of such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the apposite party, (extracted from the section itself). The word ‘compensation’ means anything given to make things equivalent, a thing given to or make amends for loss and remuneration or pay. “The word ‘compensation’ is again on very wide connotation. It has not been defined in the Act, According to dictionary it means, “compensating or being compensated; thing given as recompense.” ‘In legal sense it may constitute actual’ loss or expected loss and may extend to physical, mental or even emotional suffering, insult or injury or loss. The Commission or the Forum in the Act is thus entitled to award not only value of the goods or services but also to compensate a consumer for injustice suffered by him. considering the view of the Bombay High you have no need to pay the penalty. you can file litigation for damages for delay in given possession of flat. I thing this is sufficient to satisfied you. Thanking you...!

Advocate Ravindra Charndas Zamre LawRato

932 votes

You can directly file an FIR against the builder and simultaneously file and consumer complaint as possible as earliest because filing complaint before the consumer court required maximum 2 yrs from the date of cause of action.

Advocate Ashish Kachave LawRato