Dear Sir/Madam, I recently bought a flat in Omaxe City, Palwal. The builders claim construction is complete and want me to take possession. However, the only road leading to my flat is in terrible condition, making it difficult to even walk. Heavy construction for a new school is ongoing right on this road, with trucks coming in daily, posing a safety risk. Omaxe is now demanding I accept possession or face penalties and maintenance charges.

Apni Law
Apni Law
Law Forum › Category: Consumer Court › Dear Sir/Madam,

I recently bought a flat in Omaxe City, Palwal. The builders claim construction is complete and want me to take possession. However, the only road leading to my flat is in terrible condition, making it difficult to even walk. Heavy construction for a new school is ongoing right on this road, with trucks coming in daily, posing a safety risk. Omaxe is now demanding I accept possession or face penalties and maintenance charges.

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Apni Law Staff asked 10 months ago

Dear Sir/Madam,

I recently bought a flat in Omaxe City, Palwal. The builders claim construction is complete and want me to take possession. However, the only road leading to my flat is in terrible condition, making it difficult to even walk. Heavy construction for a new school is ongoing right on this road, with trucks coming in daily, posing a safety risk. Omaxe is now demanding I accept possession or face penalties and maintenance charges.

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Best Answer

Apni Law Staff answered 10 months ago

Under Indian law, a builder cannot compel you to accept possession if the access road is not in a habitable condition. The builder has a legal obligation to ensure safe access to your flat before demanding possession. You can refuse possession and demand they complete the road construction first.

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