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Prakash Sharma (Director)     26 July 2011

Delay in possession of flat

Dear Sir,

I have booked a flat in the year 2007 and have been paying the emi since then.The date of possession was sep 2010 which has been postponed to mar 2011 and then sep 2011 and now they are saying Sep 2012.

I want to know how can I be compensated in this regard.Can my EMI stop and start again after Possession.

 

Pls suggest the way out as I have not gone through the compensation as per the agreement.But the Possession has been delayed very much.

 

prakash



Learning

 2 Replies

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     26 July 2011

Dear Sir, 

If the possession is delayed without sufficient ground, in certain conditions you may approach the Consumer Forum for deficeincy in service and for compensation for that.

 

Regards,

Amit

elbee barboza (HR Executive)     27 July 2011

Good day,

I am a victim of a similar case.

The builder had comitted to a completion date in 2004 and the project is still not complete.

Due to mounting pressure from a large no. of buyers the builder chose to absolve himself momentarily by giving possession in the form of a furniture making license which I have used till date to stay in the premises.

The builder has yet to get an OC for the building, clear a mortgage( used by him) on the property and to hand over Corpus funds to the residents.

He has, rather than solving the above issues and handing over conveyance chosen to provide for the basic necissities for the poeple living on the premises in order to calm them down though no written agreement to the same has ever been effected.

Sometime during this period the builder threatened the residents to cough up the property tax to the BMC for their flats and the outstanding amount was highly inflated( as the residents found out later).All property tax aws credited to the builders personal account with the BMC and used to offset dues against his name.

Now bolstered by his actions and no questioning by the residents he has bee forcing the residents to pay all pending maintenance( which he claims is at a subsidized rate).

What action can be taken against such a builder in order to stop such malpractice.

He may have sought to collect a reasonable rate of maintenence but this situation would not have existed in the first place ( had he fulfilled his obligations).

Kindly advise..


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