Builder not willing to give possession & deviating from promised time
23-Jul-2023 (In Property Law)
Hi Sir, I had booked 1bhk flat in pcmc chikhali on April-16 & at the time of booking he was commited possession may or June-17 but in agreement he was mentioned "on or before sep-17" but as per work progress we have not sure he will give us possession in sep-17 and same thing when we going to discuss with builder he is talking with us arogently like "we can not give possession in next six month to you" and "dont call me" like this statement he has used with me pls suggest how to handle this situation.
You can approach your area police station and request them to register a complaint under MOFA and IPC. You have also remedy under consumer act and you can approach the consumer forum with all proofs. Hence police and consumer forum are options to you
In this regards you can approach before the concerned court to obtain order against builder for fraud or denial to hand over possession. Also it need to be verified all the documents before filing any proceeding. You can charge allegations against builder under MoFa act and also can refer civil suit
Since the agreement mentions the term you are bound to wait till then, but you have an option of writing to him mentioning the state of construction and the probable possibility of the delay in possession as is evident according to you. Also In case you write to him please do mention the facts about the date and time when you met him personally and also what he had replied. This will help you in case he doesnot give possession and you intend to take legal action latter.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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