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Vijayendra (executive)     29 August 2012

Possession of flat delayed to no end

 

Hi

 

I’m Vijayendra Raut, I have booked a flat in thane in 2009 and the agreement was made on 30 March 2010. The sales team had informed me that I will get the possession by dec 2010, till date I have not got my flat and the project is still under construction and doesn't look like it would be completed for next year and a half at least.

 

My question is:

 

The project is a huge one and all the buyers have signed a standard agreement, in the agreement it is mentioned "The promoters shall endeavour to give the possession/personal license to use and occupy the said premises on or before 5yrs of cc provided the promoter has received the full payment" can I contest this in consumer court? (I’ve heard of a jujement passed that an under construction project should be completed in 2yrs or the buyers should be compensated)

 

The other thing is there was a stilt parking below my building, this is also mentioned in the agreement. But now the builder has build flats instead of the parking. He has instead built a podium parking in the project and is selling it for a premium.

 

Please reply at the earliest.

 

Regards

Vijayendra Raut



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     29 August 2012

Dear Vijandra,

 

since, the builder has deviated from the plan we need to check what are the clauses in the agreement. builder might have kept some points in his favour. so before, giving you any opinion you need to share the agreement copy.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Adv. Nikhil Seth (legal consultant (9867264707))     29 August 2012

you can contest the case anyways  its in your favour . you can file criminal as well as consumer case against builder .


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