delaying in giving possession of my flat

Querist : Anonymous (Querist) 08 March 2010 This query is : Resolved
I have booked a flat of Eldeco Housing and Industries Ltd. in May, 2009 in Lucknow and have paid full amount in September 1. As per the agreement it says that they will deliver the flat within 6 months from date of payment of entire amount. Accordingly date of possession would be on or before March 1, 2010. But as of date, possession has not been given. Even registry of the flat not yet done. Moreover construction work of the flat has totally been stopped since last 10 months (May 2009 to still now).

No work is going on at the site and none of their employees at the head office were clear as to when will the work start. I have spent in travel to their office and much more on the phone calls for the last many months trying to get possession of my flat. I am surprised that they are verbally offering rentals for delayed possession. But the compensation amount (rental of the flat) they have not settled yet. I doubt the rental will be much less than the market rate since they (Eldeco Housing and Industries Ltd) will only decide it. Even I have not received any such notice/intimation from them. They will never send any info which is not in their interest. We will have to take them to the task.

I need to take possession of flat as soon as possible because I'm paying heavy EMI and also paying HRA because I am a Govt. employer. Additionally I am going abroad within 3 months and I will stay there for one year. Therefore I am afraid that I will not be able to do registry as well as take possession of my flat for one more year.
Please suggest me what should I do now?

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A V Vishal (Expert) 08 March 2010
Consult an advocate, issue a legal notice, file a consumer case and claim interest, damages and other costs for the delay and defect/deficiency in service

ad. creaminall (Expert) 08 March 2010
I agree with vishal. simulteneously you can lodge a police complaint against that builder for breach of trust.

adv. rajeev ( rajoo ) (Expert) 08 March 2010
You will get the relief in the consumer forum

Kumar Thadhani (Expert) 08 March 2010
I do agree with experts Mr. Vishal & Mr. vadarali

Guest (Expert) 08 March 2010
I do agree with experts Mr. Vishal & Mr. vadarali

Raj Kumar Makkad (Expert) 08 March 2010
I do agree with all experts.

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