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raj (designer)     07 October 2011

Flat possesion delayed by one year

dear sir/madam,

  I have booked my flat at Thane in a residencial project. As per my agrement the possesion date is december 2010. But yet now the builder has not given me possesion of my sayed flat. And the finishing work also pending. like plastering , lightling , plumbing etc.

    I asked builder to pay my rent which i am paying now as a compansastion for the delayed period. But he refuse this.   Can i get help of law against this. Can I get compansastion for this delay.

thanks



Learning

 9 Replies

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

Dear Raj,

Ensure that any clause had been included in the Agreement between you and the builder about the delay  and the compensation for such delay.  You may approach the Court of Law on the ground of Specific Perfomance of the Contract against the Builder and claim liquidated damages or approach a Consumer Forum for relief.

raj (designer)     07 October 2011

dear sir,

 thanks for reply. In my agreement it is mentioned that possession can be delay becase of Natural problem, supply of raw material etc.  And the period is also not mentioned.  but nothing is mentioned for compensation.

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

Any expected date of handing over possession is mentioned. 

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

Originally posted by :GOPALAKRISHNAN
"
Any expected date of handing over possession is mentioned. 
"

raj (designer)     07 October 2011

yes sir,

 the date is mentioned december 2010.

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

Approach an advocate to issue a legal notice and subsequently for filing case against the builder.  Hope you have all the papers such as agreement, receipts, etc.

raj (designer)     07 October 2011

OK SIR THANKS,

I want to share one more thing that, when I meet the builder for the compensastion, next day he send me a leter for asking me delay payment including 40% extra charges.  Actually as per payment schedule he was asking me the payment of the work which he has not compeleted.  I was informed at site officer that you have not compeleted work of my flat and asking for the payment so i will not pay until you are going to complete it to my flat?

 Is this correct way i have done. Please guide me?

K. GOPALAKRISHNAN (ADVOCATE)     07 October 2011

It is better to approach an advocate immediately to avoid further delay latches and it is not possible to give opinion without go through the documents. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2011

Dear raj

Mr. Gopalkrishanan is right without documents noone can give the best opinion, but as  per the query you can send a legal notice to builder as soon as possible.


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