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Procedure to file case against the builder who is delaying possession
14-Sep-2023 (In Consumer Court Law)
I have paid the initial amount and entered to an agreement with builder in Feb 2015.as per agreement I am supposed to get the possession in 20months from agreement effective date. Even though I had paid 80%of payment only two installments pending . But the builder is post poning the date and not giving any confirmed possession date. Is there any scope for consumers case 1. Confirmed date on possession 2.intrest to be paid by builder 3.any other compensation
You are advise to give a lawyer's notice to the builder stating the deficiency in service and to give possession of the land or building as per your case . If the builder failed to comply the same then file consumer case or if he is a fraud builder then lodge fir against him
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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Yes you can file in consumer court a complain under CP Act and a c0mplain Under RERA Act.You can claim compensation and demand pssession in stipulated period.There are also other avenue.First send him a Lawyers notice.And watch
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Adv. Samar Pratap Mohanty
Cuttack | 100+ Answers
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Yes, you can bring a consumer case against the builder. The consumer forum/ commission can direct the builder to expedite delivery and even pay compensation. Interest would be payable if you wish to take your deposit back and give up your allotment.
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Issue a Legal Notice to the Builder seeking a specific assurance to deliver the possession in a specific time-period or you can also demand him to deliver the possession by a certain time period (as the contractual time is already expired). Put him on notice that delay/failure to deliver the possession as agreed by him or as demanded by you, as the case may be, shall result in initiation of legal proceedings against him and you shall be entitled to claim damages and refund of amount paid with interest. In case of non-compliance by the Builder, file a consumer case in the appropriate forum/commission seeking refund of your entire money paid along with 18% interest and damages. Simultaneously you can also proceed with a criminal complaint of cheating and fraud against him.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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