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Delay in Possession of flatand Refusal to give compensation for delay
06-Sep-2023 (In Property Law)
I paid for an under construction flat in Pune. Under the BBA, it was to be delivered in December 2015. Thus far, there is no possession. Contract says 9% interest will be paid in case of delay. Now builder refuses to communicate. On one rare occasion, the builder said compensation will paid "only if do not want possession of the flat". Blatantly illegal condition is being impose - there is no such condition in the contract. Looking for appropriate remedy. My goal: get possession of the flat and get compensation for the delay.
please send legal notice through an Advocate immediately and deamnd possession as well as interest and compensation for the delay.
Once you send the Notice and the Builder gets the Notice, then he will have to give you possession of the flat.
After that, you can file civil proceedings for the delay and interest and compensation for the delay.
If he does not gives possession of the fat, then you will have to file civil suit for possession of the flat.
Once you send the Notice and the Builder gets the Notice, then he will have to give you possession of the flat.
After that, you can file civil proceedings for the delay and interest and compensation for the delay.
If he does not gives possession of the fat, then you will have to file civil suit for possession of the flat.
Helpful?
10+
10+
Adv. Namitabh Kothari
Mumbai | 400+ Answers
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You can get the compensation from builder for delayed possession. But to get possession its up to builder to complete the work. Builder can't put such conditions that for compensation no possession is given.
Helpful?
24+
24+
Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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