Proper time to complain for delayed possession

529 votes

This is my response to you:
1. You can claim compensation for the delay;
2. What does the agreement state? The date of delivery etc.;
3. If the property is RERA registered then you can file a complaint to RERA;
4. If the property is not RERA registered then file a consumer complaint;
5. Take legal help, let your lawyer read your documents.

Advocate Gowaal Padavi LawRato

564 votes

If possession is not delivered on time, you can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder,”

The flat purchaser that is yourself is required to file a written complaint before the appropriate consumer dispute redressal forum set up under the act, depending on the value of the property, or the amount of damage he has suffered. Any dispute over Rs 20 lakhs can be directly filed before the State Commission and any dispute over Rs 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than Rs 20 lakhs has to be filed in the District Commission,”

Recently, Unitech was penalized Rs 3 crore by the National Consumer Dispute Redressal Commission, for the delay in giving possession of its flats.

A purchaser can also file a regular suit before a court of competent jurisdiction, for damages or specific performance, under the Indian Contract Act, 1872. If there is fraud involved–for example, if the builder knew from the beginning that he would not be able to deliver possession within the stipulated time and by some misrepresentation, induced the purchaser to book the flat

Type of damage and relief the complainant (you) can get through the legal course

1. Claim the money required to buy alternate accommodation at the ongoing market value in the respective area. The purchaser can also claim the money given to the builder.
2. Claim interest on the payment made till date.
3. If the purchaser/ complainant is buying the property for personal use, he can file a complaint seeking relief in the Consumer Dispute Redressal Commission.
3. If the purchaser/ complainant is sure to get possession of the flat in a few months or years, he can claim compensation for the money that he will spend as rent on an alternate accommodation. This will be applicable if he is a first-time home purchaser, or if his building is being redeveloped.
4. The purchaser can claim damages for loss of opportunity caused to the purchaser, had he invested his money elsewhere.

Advocate Chinnmay S. Shah LawRato