Procedure to claim compensation from builder for delayed possession
12-Sep-2023 (In Consumer Court Law)
have booked flat in Amrapali centurian park Noida extension in dec 2010 and still waiting for possession after 95% of payment. builder is still not in the position of giving possession or late possession interest. construction has stopped completely. please suggest what to do and how to get my money and compensation.
The information you provided is not sufficient for giving the answer in proper manner. You should provide the information what was the agreed cost of the flat, how much the builder had charged on account of delayed payment charges and /or penalties and other unnecessary charges.
There are at least six steps that you can take:
1. Initiate a criminal complaint with the concerned police station under Section 406/420/120B IPC for committing cheating, misappropriation of funds and conspiracy by lodging a complaint and getting FIR registered;
2. File a claim petition before the Permanent Lok Adalat if the total of agreed cost of the flat, compensation and damages are less than a sum of Rs. 1 crore;
3. File a consumer petition before the consumer court and claim possession of the flat, delayed possession charges, compensation etc.;
4. File a claim before the Adjudication officer of the RERA;
5. File a compulsory winding up of the company under the Companies Law; and
6. File a civil suit for recovery
As per the recent judgements of the National Commission as well as the Supreme Court you ca claim the compensation at the same rate the builder is charging on account of delayed payment charges and in addition to that you can also get relief on account of hardships faced by you and the amount of rent you actually paid for the house you are staying in.
In case the total is less than a crore rupees, a petition before the Permanent Lok Adalat constituted under the Legal Services Authorities Act is the best action in terms of speed results along with a criminal case through the police authorities.
Kindly note that upon getting the information of the specific questions asked in the first para, the opinion may change. Feel free to get the proper opinion upon providing the necessary information on the questions I raised.
There are at least six steps that you can take:
1. Initiate a criminal complaint with the concerned police station under Section 406/420/120B IPC for committing cheating, misappropriation of funds and conspiracy by lodging a complaint and getting FIR registered;
2. File a claim petition before the Permanent Lok Adalat if the total of agreed cost of the flat, compensation and damages are less than a sum of Rs. 1 crore;
3. File a consumer petition before the consumer court and claim possession of the flat, delayed possession charges, compensation etc.;
4. File a claim before the Adjudication officer of the RERA;
5. File a compulsory winding up of the company under the Companies Law; and
6. File a civil suit for recovery
As per the recent judgements of the National Commission as well as the Supreme Court you ca claim the compensation at the same rate the builder is charging on account of delayed payment charges and in addition to that you can also get relief on account of hardships faced by you and the amount of rent you actually paid for the house you are staying in.
In case the total is less than a crore rupees, a petition before the Permanent Lok Adalat constituted under the Legal Services Authorities Act is the best action in terms of speed results along with a criminal case through the police authorities.
Kindly note that upon getting the information of the specific questions asked in the first para, the opinion may change. Feel free to get the proper opinion upon providing the necessary information on the questions I raised.
Sir, in case the builder has stopped the construction and you habe paid almost 95% of the payment, then you can file consumer complaint against the builder for deficiency in service in commuter court and claim compensation with interest.
Such type of case are being referring under the RERA Act which helps the people from builder to get their possession. You can also file a complaint under Consumer Protection Act or You can also file a civil suit for recovery of said amount , if you don't want to take FLAT.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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