obiwankenubi, Mumbai
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2 Flats booked in 2004, 2006 in redevelopment property, possession delayed due to inadequate (6 Floors) MCGM CC for 14 floor building in Central Mumbai Suburb
Q: We had purchased two under-construction flats in Mumbai in the Central Line Suburb of Tilak Nagar in a redevelopment project. The purchase of 1st flat was in 2004 and 2nd in 2006 and as the building superstructure was completed to the 10 floor plinth, the bank loan of around 70% of the property was paid to the builder against the demand letter. Now 7-8 years later, the possession is still delayed due the fact that the builder did not have MCGM CC beyond the 6th floor but went ahead and constructed the 14 floor structure. The matter is now with the MCGM for regularization over the last few years awaiting penalty calculations and clearance. We wanted to know what legal action can be taken against the builder for all the hardships faced over the last 7-8 years be it rent and mental stress over the same period. We would like to know all options including the consumer court. Also it is possible to do this after possession as we fear legal action now could delay the possession further.

Latest Answer: It is better to hire a legal expert and take his advice. You can file a case against the builder for delay in completion of the project. But before that it is very necessary to go through all the clauses and points mentioned in the sales deeds.

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