We, a group of 18 homebuyers, are fighting a case in the NCDRC. We booked our flats back in 2012, promised possession in February 2016, but only 15% of the construction is complete. The builder, suddenly claiming dedication, has started working at full speed. Will this affect our case? Should we pay their latest demand, or can we refuse possession, seek a refund in court, knowing it might still take years for completion even with this new ‘speed’?

Apni Law
Apni Law
Law Forum › Category: Consumer Court › We, a group of 18 homebuyers, are fighting a case in the NCDRC. We booked our flats back in 2012, promised possession in February 2016, but only 15% of the construction is complete. The builder, suddenly claiming dedication, has started working at full speed. Will this affect our case? Should we pay their latest demand, or can we refuse possession, seek a refund in court, knowing it might still take years for completion even with this new ‘speed’?
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Apni Law Staff asked 11 months ago

We, a group of 18 homebuyers, are fighting a case in the NCDRC. We booked our flats back in 2012, promised possession in February 2016, but only 15% of the construction is complete. The builder, suddenly claiming dedication, has started working at full speed. Will this affect our case? Should we pay their latest demand, or can we refuse possession, seek a refund in court, knowing it might still take years for completion even with this new ‘speed’?

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Best Answer

Apni Law Staff answered 11 months ago

The builder’s sudden change in pace doesn’t automatically affect your NCDRC case. You can refuse possession and seek a refund, as the delay violates the original agreement. However, the court may consider the builder’s efforts to complete the project while deciding on the refund.

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