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Delay in handing over of property how can i handle it
17-Apr-2023 (In Property Law)
i have booked an apartment worth 42 lakhs in Kolkata , whose developer and marketer both of which a big name in Kolkata. Hence i have trusted them, and till now paid almost 29 lakhs, and paying 17k as EMI. Delivery date was supposed to be last December 2016 and then they promised which din't happen , later on they promised that delivery will be done on July/August 2017. Me and my wife is staying ina small rented aprtment and she is expecting a baby on July/August. we are paying EMI as well as our rent and hence incurring a financial loss. Some days back they told us due to 'labor issues' delivery cant be done before December 2017. we will be in trouble if we don't get the delivery by July/August as our rent agreement ends then .Their construction is 65% over but they are not completing the rest.Ita a new block on an existing residential complex.What legal course we should take now and how?
Please go through the terms of the agreement in this regard regarding delay in delivery of possession and if you wish to soughyfor legal relief you can file a case before the consumer forum asking for compensation from the developer.
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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Sir this type of cases are open and shut cases. You need to go to state consumer forum as the valuation of your flat isbeing42 lacs which is way beyond 20 lacs for this type of cases till this year maybe after this financial year there will be new tribunal​ which will handle this cases... They ought to provide you alternate accommodation which they didn't. Here you can be compensate if you go to consumer forum. I am a co- partner in a High Court Firm and had previously worked with the best Land and property based law firm so I know every big construction house in Kolkata. Maybe I will be able to help you if you tell me which construction company you are talking about and which project? We will be Happy to help you and assist you in every possible way. What's your medium of communication with them via email or via phone?
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Apparently, there is a breach of contractual obligations on the part of the promoter/Developer.Being a property of considerable high value,it is open. to you to opt for legal remedy from the competent Court of law. The agreement entered into by and between yourself​ and the promoter/Developer is required to be examined
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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If its a joint venture project with the Government you may prefer a writ petition or else You should file a suit for specific performance of contract and get an Order of mandatory injunction.
Supratic Roy
Advocate
High Court, Calcutta
Supratic Roy
Advocate
High Court, Calcutta
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Adv. Supratic Roy
Kolkata | 25+ Answers
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