Ankit 25 January 2016

Possession of flat delayed and builder is not ready to cance

Hi All,

I have booked a flat in Greater Noida west with Amrapali builder in 2012, the builder has given a comittment in the aggrement that the possession will be in 36 months +- 6 months. I agreed to the same and signed the contract.

Now the builder is developing the project with delay and himself stating that he will not be able to deliver the flat before 2018.

As per the construction speed it will actually take at least 5 years.

I approached the builder to cancell the flat and return my amount as the delay is from his end. The builder responded that they will deduct 10% of the total project cost.

Could you please help me in this case what to do as builder is cheating and wants eatup my hard earned money.

Can I approach consumer forum. If yes how and what is the process.

Any help will be much appreciated.

Regards,

Ankit Goel

Reply Follow

4 Replies

Advocate Rohit (Advocate) 26 January 2016

first you need to re-visit your contract clause. What the contract states about delay in project and penalty upon the builder, if any? What rights you have got in the contract against the builder?

Based on this proper guidance can be given. yes, you can approach the consumer forum or civil court with your grievance. but first you need to serve satutory legal notice upon the builder, preferably through an Advocate.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Ankit 26 January 2016

As per the aggrement the delay penalty clause us 5rs per sq ft. And that too on posession. Which is actually peanut as compared to the flat cost. While the delay in paymet clause statea 18 % on buyer. This is totally unethical. Could you please suggest what to do and if possible reference of a lawyer who can help.