Do I need to give notice to builder, in case of delay in possession?


I had purchased an under-construction apartment in Delhi in the year April 2013. At the time of purchase, I was told that the possession of the apartment shall be handed over to me in the month of January 2015. The builders have delayed possession of flat for more than a year now and they do not respond to any of my calls and emails. What legal remedy do I have? Do I need to issue a notice to the builder?

Answer

Since, the possession of the flat is still not given to you, you can send a legal notice through your lawyer to the builder, claiming refund of the amount paid by you in purchasing the flat along with interest and damages. 

If still the possession is not granted to you, file a consumer complaint, in the appropriate consumer dispute forum for deficiency in service, against the builder.

The appropriate consumer forum for filing the complaint depends on the value of the property; if the value:
  • Is less than 20 lakh -District Commission.
  • Is more than Rs 20 lakh - State Commission.
  • Is more than 1 crore - National Commission in New Delhi.

Before filing the complaint please make sure that you have all the adequate documents/papers like brochure, assurance of the builder for early completion etc in order to prove your allegations. 

Read more to find how to take action against builder for delayed possession.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
22 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
6 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
26 years Experience

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

After the first disbursement by Bank loan, builder changed my unit without sending me any letter communication (just an email was sent). After that th…

Read More

I purchased under construction flat in New Bombay from builder. Due to some dispute with builder, my possession got delayed but other buyers got posse…

Read More

We have booked a unit in Noida Sec-74,Supertech Capetown,the builder delayed possesion 4 years,now they are ready to give possesion but asking 2 Lakh …

Read More

I had booked a flat 4-5 years ago and paid 70% money to the builder. Now builder is asking me to give cash payment for stamp duty and registration but…

Read More

Talk to a lawyer for your legal issue