Topics on Delay in Property Possession that can help for an Informed Decision.
Delay in Property Possession - Introduction
To invest in your dream property, you searched for the perfect location, contacted different property dealers, laid a budget and finally, you found your dream house. Everything was perfect- until the builder delayed handing over the possession to you. You waited - they said it’ll only take 6 more months than promised, and then 4 more were added. It’s been over 2 years and you still haven’t received the possession of your dream house.
Disappointing, isn’t it? You put your hard earned money into this project, you waited all this while and even after the unjustified delay, you’re being denied what is rightfully yours! The builder stops giving excuses and you have started to doubt his real intention.
The above situation might be hypothetical for some, but it has become a sad reality for many. In such a frustrating scenario, our laws allow you to opt for a legal remedy against the builder for the delay caused. The Courts are becoming increasingly intolerant with the builder and the delay they’re causing to their consumers.
What to do when your property possession is delayed?
The solution to the issue of delay in delivery of possession of a property is the path of a Court Case. Life is not a movie, you cannot plan a revenge and subsequently trap the builder to recover your money. You need to take a legal recourse to fight for what is rightfully yours.
When can you file a complaint?
As soon as you come to know that the delivery of possession has been delayed, you have the right to file a complaint at the appropriate Consumer Court. However, it is pertinent to mention that the delay in possession should be due to a fault of the builder. A delay due to natural calamity or uncontrollable circumstances cannot be the reason for complaint.
For instance, if an earthquake occurs and the building is demolished due to such occurrence, you cannot file a claim against the builder, since the act was purely beyond the control of the builder.
In case the construction is incomplete on the stipulated date of delivery or if the work hasn’t even begun yet- it will be deemed to be the builder’s fault.