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Delhi : Delay in Possession and Refund Query

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Delhi : Delay in Possession and Refund Query

Last updated: September 25 2017
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  • Delhi : Delay in Possession and Refund Query

    Hi All,

    I have booked a flat in August 2013. and At August 2014, I got the Builder Buyer Agreement with 36 month of Procession Date. Construction is not started till date. I asked to builder to cancel my Flat. First Builder refused to cancel the flat but after argument Builder agree but after 20% deduction of my payment. In Builder Buyer Agreement This clause is mentioned If customer cancel flat then 20% will be deducted of payment made by Customer.

    Can I ask builder to refund 100% money because it's builder fault that He is delaying construction?

    What should be the right approach to get my money back?

    Thank & Regards.
    Last edited November 8 2016, 12:26 PM.
  • #2


    Re : Delhi : Delay in Possession and Refund Query

    you should go to the consumer court. You'll get your money + interest on your money for 3 years. Don't let these scoundrels get away that easily !!! Know your rights


    • #3


      Re : Delhi : Delay in Possession and Refund Query

      Investor activity in the real estate sector, which had reduced to a lull over the past three years, is finally set for an uptick in 2016 riding on regulatory reforms, say analysts.

      This year might also be a good time for prospective home buyers to lockin as prices stabilise, but delays in delivery and unaffordability are dampeners to the revival of consumer sentiment.

      "Real estate industry is cyclical and we anticipate that we are at the end of the cycle of slowdown. The wave of positive sentiments is quite evident and recovery is getting stronger. With the real estate regulatory amendments, credibility and positivity is building up confidence in the minds of investors who will sooner or later get drawn back into the market," said Mudassir Zaidi, national director, residential agency, Knight Frank India.


      • #4


        Re : Delhi : Delay in Possession and Refund Query

        The delay in possession is a common problem. Has someone faced the additional charges due to 10% increase in super area of apartment while keeping the carpet area same. Is is a funny situation where builder arbitrarily increase the areas under balcony and loft. Not sure if there is a legal provision to deal with such situation. Not sure if this is the right place to post this. Any inputs legal or otherwise would be welcome. Thanks in advance !


        • #5


          Re : Delhi : Delay in Possession and Refund Query

          Hello Sir,

          Need an advice on way forward. We booked a Flat in 2010 and thereafter building went into problems like No CC, Change in Layout , Builder Partners' Fight and finally after all approvals, the building started getting constructed in late 2015. I registered my flat then. Construction is in slow mode for various reasons like funding issue etc. Possession date in my flat registration papers is approx December 2017 with a grace period of one year. But now after RERA into picture he registered the date as 2021 and verbally he is saying possession date will be 2020. Earlier he had claimed that at least my building will be delivered in 2017 or max to max 2018. We have already lost lot of money in terms of Rent / Loan.

          Pls advice. We don’t care what he has registered in RERA but He is not ready to give Rent or equivalent even after Dec 2018.

          On the other hand, if we file a case and win, he does not have money to pay and most probably will go to jail and there is no one to construct the building thereafter, hence we are not going to court. Pls advice.

          Also, does he have the right to refund our money with interest even if we have registered the flat. Because it’s a big time loss to us?


          Tags: Delhi Legal
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