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Saurabh   22 December 2016

Delayed possession

I had bought a commercial office space unit from a private builder in gurgaon. I purchased this with constructin linked plan. The posession has finally been handed over to me after almost 5 years from the sate of sale agreement. The sale agreement does not list any penalty amount on delay of posession. Hoever it mentions, 5 rs per sq feet per month penalty on me, if I fail to take poession after offering of posession.. 

I have taken physical posession 3 months back and now registry is pending.

1) My questoon is if I can claim penalty amount for delay in posession ? If yes , in consumer court ? 

2) If I file a case, will I risk delay in registry ? Should I file the case after registry?

3) Property cost is about 70lacs. Where should I file the consumer forum case in Delhi or Gurgaon for fast and favorable outcome ? I live in gurgaon but have a residence in delhi as well. Builder registered office is in delhi and has corporate ofice in gurgaon

4) What is a reasonable amount of penalty to be claimed ?  what all should it contain?

5) preferable to hire a lawyer ?

thanks,

 



Learning

 2 Replies

Kumar Doab (FIN)     22 December 2016

HOpe date of completion/handover was metnioned in agreement.

 

Prefer to discuss in person with a very able counsel specializing in such/consumer matters.

Avoid posers, pretenders loitering at various forums to fleece the unsuspecting querists.

 

 

 

 

Kumar Doab (FIN)     22 December 2016

GO thru:

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 NO. 16 OF 2016 [25th March, 2016.]

https://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf


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