I booked a flat in Thane on 26th September 2014 and paid the token amount. The agreement was signed on 8th December 2014, clearly stating possession would be given by October 2016. However, I still haven’t received possession, and now the builders are saying it will be given by September 2017. The agreement also mentions that if they fail to give possession by the agreed date, they must refund the amount paid with 9% simple interest from the date of payment. What legal options do I have in this situation?

Apni Law
Apni Law
Law Forum › Category: Consumer Court › I booked a flat in Thane on 26th September 2014 and paid the token amount. The agreement was signed on 8th December 2014, clearly stating possession would be given by October 2016. However, I still haven’t received possession, and now the builders are saying it will be given by September 2017. The agreement also mentions that if they fail to give possession by the agreed date, they must refund the amount paid with 9% simple interest from the date of payment. What legal options do I have in this situation?
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Apni Law Staff asked 3 years ago

I booked a flat in Thane on 26th September 2014 and paid the token amount. The agreement was signed on 8th December 2014, clearly stating possession would be given by October 2016. However, I still haven’t received possession, and now the builders are saying it will be given by September 2017. The agreement also mentions that if they fail to give possession by the agreed date, they must refund the amount paid with 9% simple interest from the date of payment. What legal options do I have in this situation?

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Apni Law Staff answered 3 years ago

Since the builder failed to deliver possession by October 2016, you have grounds to pursue legal action under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Consumer Protection Act, 1986. You can file a complaint with the RERA authority seeking possession or a refund with the stipulated interest.

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