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Piyush Singh (PM)     07 June 2011

Delayed possession due to no intimation from builder

 

 

Hi All,

I booked a row house in Ansal Sushant City, Meerut of Ansal API in 2005. This was to be completed in 3 years i.e. 2008.

I paid the entire whole amount by a home loan from HDFC and was waiting for the possession. The agreement stated that the builder will keep us informed about the progress of the construction work etc.

I work in Pune and the property is in Meerut. 

In Nov 2009, we got the registration done. At the time of registration I asked the Ansal representative about possession and he said that we'll send you an intimation for the possession. We didn't get any intimation or communication from the builder neither about the construction progress nor the possession. I have few email evidences where I requested them about possession during this period. 

Last week I came to Pune and visited the site the unit is not in good shape and there are many things to be fixed before the possession can be taken. The response now I'm getting from them is that the delay in possession is from our side and so the builder is not responsible. I'm yet to visit them again to discuss the matter further.

Can I please get some guidance that what should I do in this case? Should I take the unit as it is or I have some right to fight against them to get the unit in an improved condition?

Thanks in anticipation.

Regards,

Piyush 



Learning

 1 Replies

Ashok Yadav (Lawyer)     13 June 2011

You should file a case in consumer court against the builder, it will help you and the builder will have to act as per your builder buyer agreement.


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