Flat possession without registration

Shantanu Kumar (TP) (21 Points)

16 July 2024  

I got possession of a flat in West Bengal 7 years ago after full payment (including stamp duty and registration fees) to the developer. But the flat is still not registered despite repeated follow-ups with the developer.  Many buyers are facing the same issue as mine. The developer company has recently been declared insolvent by the National Company Law Tribunal (NCLT) and flat buyers are now submitting claims for all sorts of unfulfilled amenities and rights. In view of the above, can you please let me know the following information?

  1. Since the flat is still unregistered, can I intend to withdraw from the project and submit claim for the entire flat price (apart from stamp duty & registration fee already paid)? In such case, what other penalty and/or interest I can claim for? 
  2. If point 1 is not possible, how can the registration happen along with claim settlement? What penalty/interest I can claim for in this case? Moreover, what would be additional registration fees charged by the govt for registration delay of 7 years?

Thanking you in anticipation.