Delayed possession from Builder what to do
03-May-2023 (In Property Law)
I had booked the flat 12 years back and since 11 years the project is stalled as it was a SRA project and some dispute going on between SRA authorities and builder. Now the property rates have increased almost 500% since 11 years and asking for a refund doesnt make sense as I will not get a property with the refund amount anywhere. I do not want to go for a refund instead I want to demand that builder gives me an equivalent flat in any of his completed project or provide me a monthly compensation for the delay. Is it possible? Thanks in advance, -Naaz
Yes the same is possible, however, it depends up on the discretion of the court itself. If the court may deem fit such a compensation should be given to you then, the Hon'ble court may award you the same. Now, you can file a complaint under section 2(g) of Consumer Protection Act in the jurisdictional consumer forum.
On first of may 2017 in Maharashtra R E R A act came in to force .As per said act every pending project in which completion certificate is not obtained from concern authority they have to register under RERA Act and to be given status of project. After registration of said project under said act, you have to file complaint before authority.
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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