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atul singhal (account)     05 September 2011

Delay in possession

 

I booked a flat constructed by Gaursons India Limited and made full 100% payment to the builder on due date as per allotment letter. Possession is due on due date. but after one month of due date no possession is handed over to me. pls tell what action i can take against them.




Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 September 2011

Give them a legal notice to hand over the possession immediately, if they don't comply you can file a complaint in the consumer forum.

adv. rajeev ( rajoo ) (practicing advocate)     05 September 2011

I do agree with Archana

Arvind Singh Chauhan (advocate)     05 September 2011

I do go with Archana mam.

Bharat Gandhi (Cordinator)     05 September 2011

Dear Atul,

While pposting the quary, you have not provided full detail. What are terms and conditions of your agreement with the builder? There must be a " Fiorce Major " clause, if the builder is taking shelter of such event = 

" circumstances beyond control" , thus what is reason of delay? If there is no reasonable reason / cause, best is to file a acase in the Consumer Fourm, there are many judgments where by buildrs have been panalized for not delaying project. You may send request to <your.helpline111@gmail.com>, theyare in position to provide you more information.

Regards,

Bharat Gandhi   

s.meghala shree (advocate)     05 September 2011

Hello Mr Athul,

If there is any force major clause or any exceptional clause stated in your agreement due to which your possession is delayed then you cannot take action against your builder. If not, you may proceed with sending a legal notice and later with a complaint in a consumer forum.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     05 September 2011

I also agree with Archana.

Usha Gupta (help for property)     05 September 2011

hello sir,

i was married in the year 1979, and my parents gave me lots of jewellery, and utensils etc. But my in-laws did not let me see anything after my marriage and kept it in their custody. At that time there was no video-photography so i don't have any proof of that.

After my marriage my husband started his business with his second number brother and brought three plots on the name of his parents. we have two ancestral property which my second brother-in-law illegally transferred on his name. we are just using only one room in that property.e

My mother in law is running a school and only half of the plot is registered and the other half she is using illegally unregistered. now she says that she have purchased everything by her own earnings. how can some one buy valuable plots when she is government primary teacher and no other earnings for her family. she is getting pension also. Is there way that she can prove from where she have arranged the money for.

When it was time for my daughter to start her higher studies they refused to pay anything and removed us from the family. They did not gave us any share, jewelry or any of my stridhan of the time of my marriage.  Any how we worked hard and my daughter and son succeeded in their studies.

last year when we come to know about after my brother in law capturing all the property in his name. we suited a case but since one year have passed we are not getting any relief and they are becomming rude day by day.

sir kindly please help me how we can come out of this and get our share and stridhan from them.

pl. guide what can i do in this stage???????

tejas (na)     21 December 2011

Hi

I purchased 1bhk property in July 2011 in thane,  mumbai and paid full amount same month as 100% completed and builder assured me in written on the agreement that that they will give me the possession in the month of Aug 2011.

But it’s almost four month (till Dec. 2011) I haven’t got the possession and already paid 4 EMI. Whenever I ask them they are saying it’s in the process for Occupancy Certificate and give the possession after getting the same.

Please suggest what needs to be done.

Thanks & Regards

Tej.
 


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