Delay in property possession
Delay in delivery of possession in any property is most commonly faced and frustrating problems for a property buyer/purchaser. It makes it difficult or impossible to plan for the future, and increases other related costs. Here is a list of legal remedies that a bona fide purchaser/buyer can do:
GROUNDS |
WHAT PURCHASER CAN DO |
possession is not delivered on time |
a notice to the builder, claiming refund of the amounts paid along with interest and/or damages |
Delay in delivery of possession/ Non-delivery of possession |
claim the money given to the builder |
the purchaser/ complainant is buying the property for personal use |
file a complaint seeking relief in the Consumer Dispute Redressal Commission |
Delay in delivery of possession |
Claim damages for loss of opportunity caused to the purchaser, had he invested his money elsewhere. |
Non-delivery of possession |
Claim the money required to buy alternate accommodation at the ongoing market value in the respective area |
purchaser/ complainant is sure to get possession of the flat in next few months or years |
claim compensation for the money that he will spend as rent on an alternate accommodation |
Delay in delivery of possession |
Claim interest on the payment made till date |
Fraud |
civil and criminal proceedings can be initiated |
Against the Indian Contract Act, 1872 |
File for damages or specific performance |
Precaution:
Before signing any contract, buyers should read all the points, including the disclaimers and check the builder’ financial credibility.
- Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014 Dated 23rd August, 2016
- Jitendra Balani v. Unitech - Consumer Case No. 510 of 2015 Dated 8thFebruary 2016
The Commission held that the Builder was under a contractual obligation to complete the construction and hand over possession of the apartments to the Complainant within 39 months from the date of allotment, and had failure of the Builder to do so do not qualify to any reasons and excuses.
Commission found that none of the reasons given by the Builder for the delay of almost 5 years, such as non-availability of construction material or labour, were tenable and rejected the argument of the Builder regarding government regulations and economic recession being a justification of the delay. Further, held for an interest to be charged at a rate ranging from 18% to 24% per annum compounded annually.
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