Builder defaulted delayed possession


My name is vaibhav, i had booked flat in 2014 at Greater Noida west. As per allotment letter possession was to be given in Jan 18, but due builder diverting funds elsewhere project got delayed and is far from completion. I had taken home loan and have been paying pre EMI since past four and half years. I want to discontinue and get money back with penalty from builder. What steps should i take so that either i get my money back or put pressure on builder to handover fLat at the earliest.

Answers (3)


289 votes

Start by shooting a strongly worded Legal Notice. Inform him of the breach committed by him and the Legal consequences thereof. Give him 15 days time to remedy this situation else move the appropriate consumer forum. Further and better particulars are needed for an effective opinion.


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149 votes

Your remedies against the buyer include:
1. If the project falls under RERA (Real Estate Regulatory Authority) then you can approach RERA with a formal complaint. The first step after such complaint is usually reconciliation between buyer and builder

2. You can approach the civil court under Specific Relief Act to ask for performance of obligations under the contract you have entered into with the buyer.

Regards,
Advocate Rahul Khatri

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Query perused. I would advise you to issue a legal notice to the concerned directors of the company followed by a case of deficiency in services in the consumer court. You have an option to file a complaint before rera also and seek refund. For further consultancy and legal services you may contact us.

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