Is Court directed possession of flat possible?
For an apartment booked in Gurgaon in 2011, I have paid 100% bsp and other charges as per BBA. The BBA has escalation clause and super area increase clause but as we all know the BBA is one sided. Builder has given possession letter with a list of other charges (increase in super area, cost escalation, etc) after 2 years of delay. Builder is not providing and proof or calculations in that support the increase. Builder is only willing to provide 4 months of delay penalty, he is saying rest was not due to him.
If a group of Buyers go to court, make prayer that Builder should give me possession as I have given 100% as per BBA n the list of increased n new extra charges can be debated and decided in the court. I promise to abide by final decision even if its against me.
Will court direct the Builder to collect undisputed demands and give physical possession n grant stay on disputed demands ?
We would even be willing to put the disputed amount in an escrow account under the custody of the court and based of the final decision.
Are there any precedence of such decisions by the court?