Consumer forum is seemingly in no mood to go easy on inelegant and insouciant builders.Court has pronounced stringent ruling against builder on the issue of delay in possession. It has been witnessed that builders in most often cases is unable to bestow possession of flats or apartment.
It has become a general practice by insouciant builders to delay in possession of the flat on account of any frivolous pretext. One complainant to the District consumer forum named Jai Bhagwan Singh booked a 3BHK flat in a housing scheme “Emerging heights II” at Peer Muchalla Zirakpur on 11thjuly 2011. The possession was scheduled to be given on or before 26th January 2015. The agreement also contains a penal provision requiring the builder to pay a gross amount of 40K per month as rent upon its failure tohand over the possession. The builder has issued a letter certifying no dues on the part of buyer on 27th January 2017. However, Builder failed to transfer the possession of flat to the buyer. After 6 months of waiting, the complainant served legal notice to developer on June 7, 2017 for possession of the flat.
On October 14, 2017, the builder delivered the incomplete possession of the flat and also promised to pay 2.50 lakh within one month on account of compensation for delay in possession. Inspite of constant request and remainder, builder failed to pay their payable dues. The developer in his written statement submitted to consumer forum contented that investment made by complainants in the said project was for speculative gain and besides the jurisdiction of consumer forum is barred under section 5 of Arbitration and conciliation Act 1996. The court heard the contentions of both the parties and reached the conclusion of direction to builder to remit 13.20 lakh to complainant on account of delay in possession. The remittance include the penalty for delay in possession counting from 26th January to 14 October when the possession was handed over and the interest of 9% from 14 October 2017 upto date of realization on the unpaid amount. Forum rejected the contentions led by building on account of lack of evidence to establish that the complainant is a property dealer dealing in sale and purchase of property and that the complainant purchase property qua earn the profit out of margin.
Although there is separate regulator and court under it, apex court has held that home buyer can approach any forum against the developer. Aggrieved homebuyer is at his own discretion to choose the forum they want to approach with his grievance. Most of homebuyer is opting for NCLT seeking reimbursement of amount paid on account of failure to transfer the possession within time.
For case specific advice related to delay in possession matters against Builders in Punjab Haryana (Chandigarh Panchkula Mohali Kharar Zirakpur Derasbassi) one can contact top/best/expert Real Estate Lawyer.
This post is written By Priyatam Bhardwaj. For more info, dial 99888-17966.