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Builder Delaying Possession not responding

(Querist) 20 September 2009 This query is : Resolved 
I have booked a flat in Sapphire Park, Pune in December 2007. I had paid the entire sum with ADF facility of ICICI Bank and my cheques. Possession of the flat was promised by October 2008 as per agreement. After several followups I sent them letter noticing them that I want to cancel the booking. Builder is neither responding to my letters not he is ready to meet me in person when I go to his office. I have paid him 50lacs and am paying interest on the same to Bank. Flat is still not ready. As per agreement he is suppose to pay me interest @ 12%. But his person at site tells me that they dont pay. What can I do? Please help.riven
Kiran Kumar (Expert) 20 September 2009
Dear Sanjay,

the agreement between u and ur builder has to be looked into.

if there are certain written conditions to be performed by the builder then he is bound to do that.

at this stage u enagage some local lawyer and send ur builder a legal notice setting out all details and ur demand.

otherwise u ve got both civil court and consumer law remedies.riven
Raj Kumar Makkad (Expert) 20 September 2009
Fully agreed with Kiran ji.riven
Bhumik Dave (Expert) 21 September 2009
Well advised by Kiranji.riven
Adinath@Avinash Patil (Expert) 21 September 2009
You have not cleared conditions of agreement between u and ur builder.
riven
adv. rajeev ( rajoo ) (Expert) 28 September 2009
It depends on the agreement between you and the buiilder. U are also consumer of the builder. If violation of any conditions, if any agreements between u and the builder, u can approach the consumer and can claim the compensation.


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