Delay in flat possession
Ram
(Querist) 26 December 2016
This query is : Resolved
Hi Sir,
i had got into an agreement to purchase flat with builder on Feb'16 which was under construction. i had got flat registered in July16. as of now work has stopped and builder is yet to commence the work.i have taken loan and is under holiday period which will end in the current month. my flat is under landowner share. builder had purchased all the flats from landlord by entering into MOU with the landlord.landlord is yet to get the money from builder. with above background, i have following questions.
1. can landlord create any issues for non payment of dues to him since all flats are sold by builder
2. is there any way to stop the EMI on the ground that builder has not given possession.what other things can be done if EMI cannot be stopped.
3. can i get letter from builder saying that he will bear the EMI till possession.
4.what other rights i have to protect my interest in such circumstances
Rajendra K Goyal
(Expert) 26 December 2016
You asked:
can landlord create any issues for non payment of dues to him since all flats are sold by builder
Reply:
Without referring all related documents, nothing useful can be advised.
You asked:
is there any way to stop the EMI on the ground that builder has not given possession.what other things can be done if EMI cannot be stopped.
Reply:
Bank / institution has given loan, not concerned with default of builder and fixed EMI to be paid. If repayment stopped, account would be NPA and recovery procedure would start.
Rajendra K Goyal
(Expert) 26 December 2016
You asked:
can i get letter from builder saying that he will bear the EMI till possession.
Reply:
There is no reason, why builder would give such letter, if you succeed, would be better.
You asked:
what other rights i have to protect my interest in such circumstances
Reply:
Discuss with local lawyer and can move to consumer forum for relief.
R.K Nanda
(Expert) 27 December 2016
nothing to add more.
Rajkumar Tiwari
(Expert) 28 December 2016
Please go through with your Sale Agreement and check whether Builder has mentioned the date of possession or not. If he has mentioned the date of possession you can move to consumer court for delay in possession of Flat as well as you can also file civil suit against builder for specific performance.
adv.bharat @ PUNE
(Expert) 29 December 2016
Sale agreement will be information about it.
As consumer u can get the compensation for delayed possession.
Also u get specific performance from civil court.
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krishna mohan
(Expert) 05 January 2017
Normally agreement to have clause for compensation for delay like absorbing interest, paying rental beyond the mutually agreed period. You may peruse the agreement and discuss with a legal expert specialized on Property matters for right advise including issue of legal notice if that can solve your issue and drafting supplementary agreement if main agreement is silent on the above issues.
