Delay in possession.. TIERRA C in Lodha Casa Univis

Q: 1) I booked flat in CASA UNIVIS (Now CASA Splendora) TEIRRA- C 1802 in Aug'2009.
2) With the assurance of possession in March'2012 Sale agreement also prepared. However till date possession is not in place.
3) Every now and then their sales executive informed me new possession dates and now almost more than 2 years of delay there is no confirmation on possession date.
4) In line with agreement I have paid entire amount against builders demand letter. However at this stage, in spite of delay from builder side builder is not giving me compensation calculated @ rate of 12% per annum on the amount paid by me (part of agreement).
5) Builder informed me that this delay in completion project is, due to labour problem, getting CC is beyond their control and he is not responsible to pay for that. This argument is not at all acceptable as this is prime responsibility of any builder to take care such issues.
6) I am currently staying nearby locality on rental basis and paying heavily as a rent, in addition to it I am paying heavy EMI.
7) I want builder to give me compensation and handover flat as per the current confirmation i.e. Sep'2014

Mahesh, Apartment Resident

17th September 2014

Residential Project Review in Thane

legal issues

delay in possession

casa univis

legal documents

delay in completion

unfair trade practice

deficiency of service

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Replies (3)

Thanks for your advise. What is a success rate for such cases..can any one inform me.

Mahesh, Apartment Resident

18th September 2014

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Hi Mahesh,
Hope you have adequate documents/papers to prove your allegations, If not, collect the same like brochure, assurance of the builder for early completion, Bank's refusal to pay installment for non completion of phase work, builder's charging interest for the said delay etc. After collecting all the evidence, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice followed by the builder claiming immediate possession & registration of the flat and rent for the delayed period, interest, damage & litigation cost.

Vinay Dixit, Mumbai

18th September 2014

Comment

HI,
The act of the builder as alleged in your post amounts to unfair trade practice and deficiency of service. herefore, Kindly check your agreements or deed which is executed by the builder, check whether there is a clause with regard to delay of delivery of possession. In case, penalty not fixed by the builder, you can approach consumer court to claim damages under deficiency in service.

Deepankar Godbole, Mumbai

18th September 2014

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