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What to do if the builder is delaying the possession


15-May-2023 (In Property Law)
Hi, I've signed Agreement between ATS Casa Espana (RERA Registered) on October 17th, 2015 states that the completion of the said apartment will be completed by December 2017, if failed to do so the builder ATS (per clause Buyer agreement clause 6.2) in the agreement says the company will bear Rs. 5 per square feet per month till the date of completion which is 2-3 percent of the total deposited amount so far. It is a 25 Floors apartment and till date its only on the 6th floor and we are paying as per the construction linked plan. Also It came to my notice today that we will be given possession of the said flat in December 2020. Just wanted to know if I can file a complaint under Punjab RERA Act, Section 18 for delay in possession and ask for compensation per prescribed interest where I do not wish to withdraw from the project.
Answers (2)

Answer #1
509 votes
Ofcourse you can take damges on the basis of the contract and can also take damges according contract along with extra damges like your are living on rent insted time December 2017 and your have feel mental agoney and harassment
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Answer #2
654 votes
The legal system is based on justice equity and good conscious and every contract is covered under the indian contract act certainly you can go to court of law for removal of your grevence and compensation as per which is your right so go ahead
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