METROPOLIS RESIDENCES , MANISH NAGAR ANDHERI WEST

Q: HDIL is demanding extra money in cash over and above the agreement amount for giving possession. What can be done in this regard. The builder has delayed the project over 5 years and we have suffered huge loss on account of interest etc.

Arun Kumar,

6th July 2016

Legal in HDIL Metropolis Residences, Andheri West, Mumbai

delay possession of flats

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Replies (4)

@Arun,
According to me, you should pay the extra money first and take your flat possession or if you want to wait for the court order you to wait for the verdict or else take possession of the property and fight for the delay in delivery of the possession of the property and ask for compensation.

Anuskha Chandan, Mumbai

8th July 2016

Comment

Hi Arun,
In case of delay in delivery of possession by the builder, the legal options that are available to the allottee are to file a consumer complaint or file a civil suit against the builder for the refund of amount paid to the builder and the interest thereon.

Ravindra Singh,

8th July 2016

Comment

Getting refund is not the solution. Price of the property has gone up in last 7 years. They were to give the possession in 2011 but till date OC is not given for the project.

Arun Kumar,

8th July 2016

Filling consumer complaints will take decade to get the judgement. Who can wait for so long after investing so many crores of rupees.

Arun Kumar,

8th July 2016

That is why i am telling you to take the possession first. And then file a case against the builder for deficiency of service and ask for the compensation on delays with interest. There is provision if builder is giving possession of the property late then he is liable to pay penalty.

Anuskha Chandan, Mumbai

8th July 2016

Hi Arun,
Check your agreement first. Is there any such clauses have mentioned, if not then no need to pay the extra money.
It is the duty of the builder to deliver the possession of the buildings as per time and if he fail to deliver the possession of the building he has liable to pay penalty as per Rs 5/ sq-ft. or 9-15% interest from the date of delay till date.

Gangasagar Patil, Mumbai

8th July 2016

Comment

There is nothing like this in the agreement. But many have paid. There is no OC given to the project till date though the possession as committed was in 2011.

Arun Kumar,

8th July 2016

Consult a legal advisor.

liyans, Kolkata

8th July 2016

Comment