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Jatin S   02 December 2024

Delayed possession

Hi,

I booked a 2BHK flat on 16th floor from developer in 2021. As per agreement date possession date was Dec 2024. However property is still under construction, delays are mainly due to funding, COVID and aviation certification for floor above 12th floor. I have files a cases with Rera and I have decide on below options:

1) Either I ask/wait for possession and ask for compensation for delayed possession 

or

2) ask for full refund with compensation 

Now with 1st option I am not sure if I will get same flat due to non availability of aviation certification which they say they are still trying for but no surety. At the end they will ask me to shift to new wing which is due in 2027-28, they just did soft launch of that wing.

In second option my dilemma is even if I ask for refund, will builder give the refund easily will he not challenge it further. Not sure if he gives me in 1 year or 2 years or more. He may use tactics for delays.

So, is it worth waiting for possession and ask for compensation? Or simply ask for refund?

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 December 2024

Your question is based on the ground facts and plenty of hearsay information. 

Since you have already filed a case before RERA  you follow it as per original plan. 

P. Venu (Advocate)     03 December 2024

Admittedly, RERA is seized of the issue. Await its decision.

Jatin S   04 December 2024

But which option I should go for that I have to decide and convey. Not sure how to take this further.

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

You have exhausted your options before the RERA, hence you don't hsave any options than to accept the decision of RERA whenever it is made or prefer an appeal against the aggrieved decision.


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