Seeking Legal Advice on Delayed Possession of Flat and Compensation for Rent

Community Forums Legal Advice India Seeking Legal Advice on Delayed Possession of Flat and Compensation for Rent

Viewing 2 reply threads
  • Author
    Posts
    • #22546 Reply
      Expertowl3342
      Participant
        E
        Expertowl3342
        PARTICIPANT
        April 2, 2025 at 5:14 pm
        Hello everyone,

        I am seeking legal advice regarding a property purchase and subsequent delays in possession.

        I booked a flat in August 2024 and paid the booking amount. The builder assured possession by December 2024, which was also mentioned in the sale agreement. However, despite multiple assurances, the possession has been delayed several times: first to Dussehra then Diwali then new year then February 2025, then to Gudi Padwa in March 2025, and as of now, the possession is still pending with no clear timeline.

        Additionally, my family have been living in a rented apartment. I have requested the builder to compensate for the rent from January to April 2025, but they have refused to provide any compensation.

        As of now have paid the entire amount 10% of loan amount if pending from bank and 2 years maintanence is pending for which I have given cheque dated 14 jan 2025 which will expire on 14 Apr

        The project is rera registered.

        Could anyone provide guidance on the following:

        1. What legal steps can I take against the builder for the delayed possession?

        2. Am I entitled to compensation for the rent paid during this period?

        3. Any suggestions on how to draft a formal notice to the builder?

        I appreciate any advice or insights from those experienced in property law in India. Thank you!

      • #22548 Reply
        Silentrajnish997
        Participant
          S
          Silentrajnish997
          PARTICIPANT
          April 2, 2025 at 5:56 pm
          If it’s not in your construction contract, then no. Your contract doesn’t look like it has penalties for non compliance.

          • #22549 Reply
            Expertowl3342
            Participant
              E
              Expertowl3342
              OP
              April 3, 2025 at 3:25 am
              But as per rera it’s there right

              • #22550 Reply
                Silentrajnish997
                Participant
                  S
                  Silentrajnish997
                  PARTICIPANT
                  April 6, 2025 at 3:16 am
                  Rera is meant to help builders. Not you.

                  • #22551 Reply
                    Expertowl3342
                    Participant
                      E
                      Expertowl3342
                      OP
                      April 6, 2025 at 10:23 am
                      Maha rera helps buyers as well, afaik.

              • #22547 Reply
                Supershark7808
                Participant
                  S
                  Supershark7808
                  PARTICIPANT
                  April 3, 2025 at 3:50 am
                  Check out the RERA act for your state and see a lawyer.

              Viewing 2 reply threads
              Reply To: Reply #22550 in Seeking Legal Advice on Delayed Possession of Flat and Compensation for Rent
              Your information:




              Cancel