Delayed Possession Recourse and Compensation
My builder was due to give possession of my flat (worth Rs. ~60 lacs all incl) by Dec 2015, however till date I haven't received possession. Although the builder has obtained OC in Dec 2016 and sent me a possession notice, I am on mail exchanges with the builder, raising concerns on the problems/shortcomings/quality issues of the said flat. Also, this is a part of a wider township, which is still under construction and perhaps registered with RERA. I'm not sure whether RERA is thus applicable to the builder in my case, given the OC (for the building in which I purchased a flat) was obtained before RERA came into force.
Could you please advise me on the various recourses available to me:
- Can I file this case with the District Consumer Court or does RERA get applicable in this case
- Can I refuse possession? If so, what will I get back in terms of my cost of acquisition, which includes all taxes and bank interest. If I refuse possession on grounds of delay, am I still eligible for compensation?
- If I accept possession, what is compensation amount I can expect?
- Is there any action I can take to complain against the poor quality of fittings and fixtures, which obviously do not find quality details in the agreement?
- Also, in the brochure showed to use during purchase, it showed an L-shaped kitchen slab, however it was not made such. When we discussed with builder, he showed us the back of the 10-12 pager brochure/floor plan booklet, where in it is written that 'specifications can be changed without prior information etc" and says, "L shape Kitchen slab in the floor plan was for depiction only". I asked him then, 'Did this mean you could have removed the kitchen slab entirely or the doors and windows or the entire balcony, without notice, because of this statement in the brochure, would that be legal", he said "perhaps".