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BUILDER FAILED TO HANDOVER THE POSSESSION


16-Nov-2023 (In Property Law)
Dear Sir , we were alloted flat by builder in NCR region in the year 2007 which was to be completed in 3yrs time i.e. 2010 . Flat cost was 34.17 lacs & by june 2008 , more than 60% payment was already made . Over frivolous reasons threat of cancellation of the flat was being made despite the fact that progress was far less than the amount already paid. Further , meeting was held in June 2015 to stress that threats of cancellation are baseless and to either refund the amount paid by us or to give the possession of the flat . We were assured that if Rs. 10 lacs more is paid by us , the possession will be given in a yrs time . We thus immediatedly made the payment of Rs. 10 lacs which is about 95% of the cost of the flat. It is signifiacnt that as per agreement , builder stated to claim 18% interest for delay in payment by us. On reciprocal basis present day cost of our claim ( amount paid + 18% interest ) comes to more than 1.5 Cr. Kindly suggest legal remedy .
Answers (4)

Answer #1
901 votes
client as per your query that you have booked a flat in 2007 in Delhi NCR and the flat have to be delivered in overall total time of 3years but the builder did not hand to verify any flat as wells.s the builder start threating you people that he will cancel the allotment of overall alloties in this matter you have to file.the overall case in legal manner and that is the only reamedy you people are having right now.
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Answer #2
825 votes
Since there is a huge delay in delivering the possession of the flat by the developer, it is advisable to file a complaint before RERA authorities and claim refund or on the alternative you may file a complaint before NCDRC. You may contact us for filing the same.
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Answer #3
591 votes
Dear Client

If the project is registered with RERA, then RERA is your best option. If not, then you may file a consumer complaint before the NCDRC and simultaneously file a criminal complaint to put additional pressure if sufficient grounds are made out. Please feel free to contact for a candid discussion about your matter or you may meet me at my office in South Delhi.
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Answer #4
714 votes
Sir/ Mam,
The Newly Enacted Law i.e RERA gives you remedy in the RERA tribunal. you may file your claim in the RERA Tribunal for compensation. it has no lengthy court proceedings and you may get relief in as soon as possible as you may file the complaint in RERA tribunal.
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