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vijay B (Recruiter)     12 May 2010

Delayed Possession

Hi,

I booked a flat in kharghar in 2007 Aug and paid 90% after a year, but till recently I havent got possession, I want to know what are my rights. I am paying emi for more then 1.6yrs and still no possession, I feel harassed.

Please guide me.

 



Learning

 7 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 May 2010

if you had agreement with the builder and the builder is violating the terms of agreement by extending the time for finishing construct5ion, then it is deficiency in service. You can approach Consumer Forum

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 May 2010

What do you mean by 1.6 years -

Kiran Kumar (Lawyer)     12 May 2010

Aravinthan, he might be saying one year and 6 months.

 

pls read the terms of the contract and act accordingly.

 

u have both civil court remedy and consumer court remedy....consumer court remedy will be a bit quicker.

Ashok Yadav (Lawyer)     12 May 2010

As told by my Lerned friends you should go according the terms and conditions of your agreement with the builder i.e. Builder Buyer Agreement or Allotment Letter. Tthere will be a clause of penalty for delay in possession on the part of builder, you should contact to the builder for clarification to the builder, if they doesn't reply properly you can approach Consumer court or Civil Court to save your interest.

Swaroop Godbole (advocate)     12 May 2010

dears sirs,

i really agree with all scollers that going through the terms and conditions of the agrement are of atmost important.

the agrived person can seek remedy to the consumer forum as there is a deficiency in service.

further it is to be noted that the flat purchaser can initiate criminal proceedings under sec 4 and others of Maharashtra Ownership of Flats Act.

further if the builder is not undertaking the comstruction work then one has to file a civil suit for specific perfomance.

bhagwat patil (Property due diligence 9422773303)     12 May 2010

Be patient . dont take legal course right now . contact the other custmers of your building. discuss the matter . all of you might be sailing in same boat   together  all of you take the action.

vijay B (Recruiter)     14 May 2010

Hello ALl,

 

Thanks for the advice, yesterday the builder called to tell that I will get the possession next month, now the thing is that I have to pay him 10% money, can i delay like he has delayed the possession.

If i take any legal action how long it will take and what will happen?
1) Will i get the possession now or will I have to wait for the court orders?


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