Hi, Hi, Buying a home is a big decision now-a-days. Most invest their hard-earned money into buying a house. But what if we don't get possession on time? In such cases, the flat purchaser can file a consumer complaint for deficiency in service as defined under the Consumer Protection Act (CPA), 1986, against the builder.
Here i am expressing some reason for delay possession. A delay in giving possession can be due to various reasons such as pending municipal approvals or some dispute. Or if property prices are rising, the developer may intentionally not give possession in the hope of making buyers pay more even if the agreement has been signed at older rates. This will not reflect in the sale agreement.
Right Anand, In such situation one can take action against the builder if there is a clause in their agreement for compensation on delay possession. The complaints can be based on 1)The act of the builder as alleged in your post amounts to unfair trade practice and deficiency of service.
2) On this ground you can file case in the consumer forum therefrom you can claim for damages and compensation and return of your penal amount which you have already given to the builder.