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Gaurav (Soft. Engg.)     19 August 2014

Need advice to go legal against the builder

Sir,

I booked a flat few years back and as per agreement, the possession date of December 2013 with an extension period of 1 year which will end in December 2014. Now the builder is saying that the 'tentative' possession date would be march 2015. It is badly stuck in the approval process and now we heard that he is trying to increase the no. of floors.

Builder has mentioned amenities like club house etc. in the agreement but he won't be giving us those amenities on time (may be we will get it by end of year 2015). Since possession date in my agreement is Dec 2014, I was advised to send legal notice to the builder asking for compensation if work is not completed by Dec 2014. And then file a case in by end of the year in consumer court.

I wanted to take your advice on this & what should I be doing now? Also I have few questions.

1) If the builder gives possession by March 2015 (chances are very less) then will consumer court consider my appeal of only 3 months delay from my possession date?

2) Even if the builder gives possession by March 2015, we will not get amenities at that time. Will he get completion certificate without amenities? I asked this to the sales guy & he told me that he will give us OC (occupancy certificate) & on the basis of that we can get possession of the house. Is this valid?

3) Builder is trying to increase no of floors. Is this allowed without buyers consent?

4) Am I eligible to file case in this case? Please help me decide on the next step.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 August 2014

You have to consult a local lawyer showing all the papers to him and take his advise, but in my opinion, it will be too early to pass any opinion without the due date expiry.

Kishor Hajare (Advocate)     25 August 2014

Hi,

Upon perusal of question, it is also to consider that, whether in the agreement any extension clause for the providing of possession subject to force majure? Normally builders put these clause in the Agreement for their safety.

Secondly, if there is clause pertaining to NOC towards further construction in the said buidling.

All these can be answered only upon perusal of the documents.

 

Regards

Adv.Kishor Hajare

9930647734 


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