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[Resolved]  Flat Booked In Project By Sai Developer, Mumbai (Thane) — Delay in giving possession of Flat

I have booked a flat in Thane (Mumbai) and as per agreement
the builder was supposed give possession by Dec.2008.
Even after 12 months of delay, the builder is not promising date of possession and avoiding to meet.
Understand that Builder has not paid TMC dues+ fine&/penalty for earlier 4 buildings (the complex is of 5 buildings-possession of 4buildings given in 2005-06 but has not received O.C.s from TMC- Flat owners of 4buildings have filed complaint to TMC.
The builder did not informed this at the time of booking and even today he is not confirming the same.TMC issued STOP WORK notice in early 2009 but this also the builder is not informing and delaying the matter instead of paying Dues to TMC)
Can Consumer Court help me at this stage? How much time it will take and Is it in the jurisdiction of Consumer Court to force the builder to pay TMC dues immediately? and give possession urgently.

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Aug 14, 2020
Complaint marked as Resolved 
Complaint comments  1 CommentShareTweet


Consumer Court will be the cheapest and best way for you to get relief in this case.

Another option is to file criminal complaint under section 420 of the Indian Penal Code if there is an element of cheating against you.

However if the promoter succeeds in satisfying the court that he has failed to give possession of flat on account of reasons beyond his control; then you will have the right to get refund of the amount of you have already paid to the builder, with simple interest at 9 per cent per annum.

Douglas Lopez

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