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Arbitrary Demand by Builder before handing over possession
25-Aug-2023 (In Property Law)
Hi. I bought a flat through construction linked plan. The possession has been delayed by 3 years. Last year, when all the payment was made to the Builder; they asked for extra money as they claimed Super Area was increased by 10%, hence I had to pay. I applied for Loan on my PF. For Loan to be passed, Builder needs to raise a proper demand. But the Builder is not ready to raise demand. This makes me think that the demand is not even legal. What recourse do I have and how do I get possession of my house?
If you are ready to pay the certain amount asked by the builder then kindly tell him the problem and ask him to provide you with a proper demand letter. In case he is still not giving you the possession and there is a delay of 3 years you can approach the consumer forum for possession as well as compensation from the builder. There are a lot of builders which do this and once called upon by the consumer forum give you the possession or hand over the possession after orders.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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I would suggest you first check if the super area as described in the buyer's agreement is different from the actual thing. It would be highly recommended that you get in touch with the other buyers and form an association and deal with the builder together. The legality can be determined only on going through the agreement and the actual position. If it is illegal you could take the builder to the Consumer Court and also lodge an FIR against them.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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Hi sir
to begin with you should do a letter before action to the builder detailing your concern and asking for appropriate explanation. If the builder fails to do so then you must proceed to consumer court .
If you need assistance please do nit hesitate to contact me.
regards
adv farhat warsi
to begin with you should do a letter before action to the builder detailing your concern and asking for appropriate explanation. If the builder fails to do so then you must proceed to consumer court .
If you need assistance please do nit hesitate to contact me.
regards
adv farhat warsi
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Adv. Farhat Warsi
Gurgaon | 25+ Answers
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