Legal action against builder for delay in delivery of possession

I have an agreement on 28.01.2013 for purchasing a flat in Kolkata. The agreement says that the habitable flat and usable parking space shall be completed by Ser-2015 (Approx), however the completion date may be extended by a period of 06 (Six) months at the option of the developers. But till date the project is under construction and it may require at least 01 more year from now to make the flats habitable. There is a provision in the agreement that the builder shall provide compensation @Rs4.00 per square feet per month till handing over the possession. In this connection I want to know the followings – 1. Whether I should initiate legal action against the builder. 2. How can I rest assure that the compensation as per the agreement shall be recovered as actual from the builder. 3. Will there be any road block to the construction if I go for legal pursuit. 4. Whether I should take legal action collectively including all other flat buyers of the said projects. 5. What are the charges

Answers (2)

249 votes

yes this is the perfect case for taking legal action against the builder, u will definitely get compensation as per the agreement (even more than that - based upon other factors which need to be discussed in details and after miny=utely going thru the sale agreement and practical present situations) point no 3 as asked by you is not clear, "road block to construction" means what???? it is advisable to take action individually by each of you in separate cases which will create pressure and legal expenses upon the builder, moreover colllectively u will not get as much of compensation as individually u might get. Regarding chargess of legal fees it has to be discussed face to face. there may be one hurdle which can be cleared/clarifed only after going thru the detauiled terms of agreement without which concrete legal advice cant be given.

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173 votes

To recover the compensation from the builder you may initiate legal proceedings in the consumer forum against the builder and if other flat buyer's also joins you then it would bring much more pressure on the Builder for delay in completing construction and he will be legally bound to pay compensation.

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