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How to deal with a non cooperative builder so as to gain possession


30-May-2023 (In Property Law)
My Builder is charging me interest for delay in the payment. The delay was because the loan was sanctioned late by the bank since their APF document was not complete. It has been an year since i paid the full amount but the builder is still not giving possession. Please advise
Answers (2)

Answer #1
876 votes
Hello,

1. You can take possession by filing a seeking a declaration that the builder has to handover the flat.
2. You can file a case before the consumer court for deficiency in service as the builder has failed to handover the flat for his mistake .

Regards,
Aditya
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Answer #2
623 votes
sir/madam,

The agreement clause containing the details of penal interest to be studied thoroughly, if the fault is on their part and delay of availing loan become delayed and if any provision for such fault to be brought to the notice of builder. Moreover if the delay in handing over possession amounts to deficiency in service and you can very well initiate proceedings against them through consumer forum.
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