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FAQ: How to deal with home possession issues? - Property Hotline
Posted
June 15, 2016
Views
440
Likes
5
Engagement
1.14%
June 15, 2016
440
5
1.14%
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5:38Now PlayingBe Un Confused
Expert: Avikshit Moral, Partner, Juris Corp
Q: I bought an apartment in Rajarhat, Kolkata. Possession was promised in Sept 2010, but handover is not given. Amenities within the complex are incomplete. A few residents have taken fit-outs in the last six months. I filed a compensation suit with a few residents in the consumer court last year. The hearing is underway. Should we pay the remaining 10% and get the fit-outs while continuing the case? Will this affect our stand?
Answer: Fit-out possession is a temporary and not de jure possession of the property. Considering the fact that possession has been delayed for over 6 years, the balance amount should not be advanced until Completion Certificate is issued by the Authority. The terms of the agreement are also critical and should be looked at. The judgement of the consumer court should be awaited. Considering recent judgements of the consumer courts, the Court shall order the developer to handover legal possession within a prescribed time frame along with compensation to the aggrieved buyers.
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