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Remedies for delay in possession of Flat
19-Aug-2023 (In Consumer Court Law)
Sir, I have booked a flat in 2012. Possession date as per the builder buyer agreement is 2013. However, to date, I have not got the possession of the flat. I have already paid 95 % amount to the builder. Now I want the refund of the paid amount along with interest. What should I do now? Please guide.
First of all go through the contents of agreement execute b/w u and seller then consider the value of flat and file a case before forum according to providing jurisdiction and get the remedy what ever you want
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Adv. Akhil Verma
Delhi | 25+ Answers
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Hi Sir,
As per your grievances you can file a complaint regarding the builder in the consumer court. If the value of your flat is less than 20 lakhs then you’ll have to file a complaint in the District Consumer Forum or if the value of your flat is more than 20 lakhs and less than 1 Cr. Then you’ll file your complaint in State consumer forum or if the value appears to be more than 1 cr then you’ll have to file a complaint in NCDRC.
You can claim your amount paid to the builder along with the interest by approaching the respective courts in which jurisdiction you fall.
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Adv. Shivankar Mehrotra
Delhi | 25+ Answers
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Hi Sir,
You shall issue them a legal notice asking them to pay back your amount as they have not complied with terms and conditions of the contract. You may file a consumer complaint, suit for recovery, cancellation, Permanent injunction and damages.
For more information, feel free to have a word with me.
All the best.
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Adv. Sahej Uban
Delhi | 700+ Answers
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You Have to approach the Consumer court for refund of the amount along with interest and compensation. The Pecuniary jurisdiction of the Consumer court will be decided on the basis of the cost of the flat along with interest amount and compensation .
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Adv. Suman Tripathy
Delhi | 25+ Answers
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Well if there is an agreement then I guess there has to be some express provision in it entailing penalty in case of delayed possession. You better approach the district forum if value of services plus amount of compensation you claim do not exceed 20 lac in total if it exceeds the amount then approach state consumer commission and file a complaint there. As regards jurisdiction then place of suing can be either where builder (opposite party against whom complaint is to be made) resides or works or where cause of action viz where payment made by you wholly or partly arose.
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Adv. Bonny Mehra
Delhi | 25+ Answers
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