Delay in possession of flat

Serve a legal notice for possession of property and secondly for compensation for delayed possession of the property for nearly twenty months, don;t buckle under pressure, sue him in the consumer forum and claim damages along with interest.

Dear, if there is delay in possession of the flat that is deficiency of services on the part of the builder you have right to sue him in the consumer forum for possession and compensation for mental agoney etc. better you first serve him a legal demand notice for possession of the flat.

subhash kumar, adv

Thanks a lot for valuable advice.

How should I server him notice ?  Is it possible  for you to recommand lawyer in Pune ?

Also, recently I came across this website https://www.consumergrievance.com/ .  They say that they can server notice to the builder on one's behalf. Is it ok to server notice to builder through this website ?

My current fear for legal action is that , it may  further delay my possession as this builder is finacially very strong.

Thanks,

Tushar

I can understand your valid apprehensions, but the fruit of your fight for justice will be sweeter when you fight for a just cause so that you can hold your head high while accepting the possession rather kneeling meekly before the tort feasor. Although I don't know anyone in Pune, I suggest you contact Mr Palnitkar who is a senior member of this forum, Mr Palnitkar is a retired District Judge and resides in Aurangabad. He can guide you to the right person.

Contact details of Sri Palnitkarji: vpalnitkar@gmail.com ,cell no. 9665020111

Hi Vishal,

Need ur advice.

I have purchase resale 1 bhk flat in nov 2009. I have paid all amount agreed in the sale deed on 24th Nov 2009. The Seller has fist committed me to give possession on Jan10. But then he realized that he will not able to move his new flat, so he request me to extend his stay till mar10. I agreed for that and he also agreed to pay rent for three month. Now he is still not giving me possession and wanted to extend his stay. I want possession on 1st april 2010. If he is delaying in possession, what should I do now? I need to take possession of flat as early as possible because I'm paying heavy EMI.

This dealing we have done through estate agent. I have already paid 60% amount of agent commotion. Now agent is asking for his entire money. But I have told him give me key of my flat on 1st april 2010 and take your rest money. He told me that only dealing is role and he will not involve in possession.

Now my question is that---

• Can I log a complaint against resale flat seller? If yes how?
• What is the role of estate agent in property dealing?
• What should I do if estate agent is harassing me for commission before completing the possession procedure?

Request you to please help me to resolve my query.

Thanks & Regards
Makarand

i had booked a flat in Runwal residential project - The Orchard residency at Ghatkopar, Mumbai. The possession date as per the agreement is June 2009 and the agreement also had a clause for Interest @9% for delay in possession. The builder claims that delay is on account of regulatory approvals and not due to their fault and hence is not liable to pay interest as these are circumstances beyond his control.

Kindly confirm is such cases have a better chance in the consumer court.

Can i file a case for delay compensation after taking posession?

Many Thanks,

Satya

I had purchased a flat in Kolkata - the agreement has been already registered and 90% money has been disbursed by the bank to the promoter. The date stated on the agreement is 4 months that falls on 24th My 2012 exactly .Given the status of their work on common utilities and apartment interiors it doesnt seem they are likely to give me possession on the date given in agreement. My agreement does not have a delay compensation clause . I am mentally preparing myself to take the fight to consumer court if the possession is not delivered in time . I havw already started shooting letters to the promoters reminding them of the pending work and the date of possession as their verbal assurances are all false. Need advice on how to go ahead with dealing with the situation.

I have booked a flat in a big project of a national builder in Chennai. As per sgreement to sell, he is supposed to give possession in Jun 2011. But, still he has not given possession. Whenever, I ask they say possession will be given in 3 months. Now, they stopped responding to my mails / and avoiding my phone calls. What is the best advise in this case. I understand that they have given possession in couple of neighbouring towers.

Hello Sir/Madam,

The worst developer who is not capable of fulfilling the commitments.....

Its has been more than 2 years i have doen my booking of casa rio riverretreat in 2011 and after giving me a tentative date of possession since a year lodha group keeps on postponing the dates last time i received a mail that the possession will happen in June / october and now December 2013

but still waiting for the same 

and when i asked them how can you demand money on time but not give the possession they have a different answer that the developemnt of roads are in process ... seriously i doubt the possession will happen in December tooo the most important point whn i asked them for intrest on the payments they fairly say that if after the onyear of grace period if the possession doesnt happen 

they will buy the flat with the intrest on the paid amount and on the rate psf at the time of purchase 

WTF who will pay the intretst on the bank loan that have been taken to payoff

Lodha seriosly thinks that peoples are fools 

Guys I need your help to spread the word that dont buy any flats in lodhaGroup bcoz seriosly its fooling around with time and its will be great if i can get some Consumer court redressal procedure

We understand your frustration and the urgency to take possession of your flat. You can file an RERA complaint against the builder with the adjudication authority as per Section 31 of RERA against the builder or the real estate agent. 

Here's what I learned from my own experience that can help you navigate this situation effectively.

Do not sign the documents without seeking legal advice: It is advisable not to sign any documents without understanding their implications and consulting with a lawyer.

Send a legal notice to the builder: Draft and send a legal notice to the builder, highlighting the delay in possession, the unfair terms in the documents provided, and your demand for immediate possession without any additional conditions.

File a complaint with the regulatory authority: If the builder continues to refuse possession or insists on unfair terms, you can file a complaint with the relevant regulatory authority under RERA. Provide all necessary documents and evidence to support your case.

Approach the consumer court: If all other options fail, you can file a case in the consumer court seeking compensation for the delay in possession and the mental agony caused by the builder's actions.

To ensure you're fully protected and have expert guidance in handling delayed possession cases, visit digilawyer.ai for personalized legal support, from filing RERA complaints to taking action in consumer court