Legal Consultation for Delay Possession from Expert Lawyers in India
Take instant legal action against the builder for delaying possession of your property and Secure your hard-earned money now!
Lawtendo has the best property lawyers & Local Court/ NCDRC experts who hold experience in delay in property possession cases. Lawtendo empanelled legal professionals have represented homebuyers in numerous housing and real estate projects, and helped them get justice and prompt relief in their delayed possession cases.
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FAQ
You're putting your investment at risk if you fail to take an action against the builder for delayed possession delivery. If you do not file a case against the builder and the builder files for bankruptcy, you will not be named as one of the creditors to claim your amount. Without filing a case, you will not be eligible to get reimbursement when the court orders sale of builder's assets.
In case of delay in property possession, a 12% interest is paid to the buyer who files a case with NCDRC. If the flat is not delivered within 12 months of filing of case, an interest of 18% is to be paid by the builder.
It is advised not to rely completely on builder's promises, rather take every measure possible to protect your investment! If the delay in possession from the decided date is less than 12 months, you may choose to not file a case against the builder. But, if the delay is beyond 12 months and you have multiple units or large investment, you must file a case against the builder.
A group petition against builder delaying possession is filed as a class action. However, any delay by one person could affect the case for every homebuyer. It is recommended to file a case for delay in possession of flat individually as it is a much faster legal action against the builder.
No, it is not compulsory to appear in person on every court date. Your property lawyer can appear for you in the court unless you are asked by the court to appear in person. Your property lawyer will appear for you in court even if you are not in the city or even country.
When you send a legal notice to builder for delay in possession and file a case under RERA Act, 2016, the courts take prompt action to resolve the matter. When a case for delay in possession of flat is filed in consumer court like the National Consumer Disputes Redressal Commission, the matter is usually resolved in less than 18 months.