• Delay from builder

Hi 
I bought a flat in Bangalore ,karnataka
Builder has delayed possessions. 
How much compensation can I demand
Builder is not responding related to compensation 
how should I approach the law
Thanks
Vishal
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

File complaint against builder before consumer forum and Seek interest at 18 per cent for delay in delivery of possession

2) seek compensation for mental torture undergone by you

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

The compensation depends on the amount of delay and terms of the agreement.

It also depends on the amount of loss you have suffered out of this delay.

So to claim the damages and compensation you may file the case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Hello,

You can first serve them a legal notive in relation to the same and thrn can file a case in the consumer forum, you can claim compensation upto 18% from the forum in addition to the claim against the mental torcher.

Regards

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The interest for delayed possession would be mentioned in the sale agreement itself, you can invoke that clause while issuing a legal demand notice in this regard.

You can issue a lgal demand notice claiming the interest.I the builder is not responding then you may drag him to consumer forum seeking relief and compensation for the deficiency of service and mental harassment.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

1. Serve a lawyer's notice to him to deliver the possession.

2. If he does not fall in line even after notice from your lawyer then move to consumer forum under Section 12 of Consumer Protection Act and seek damages for deficiency in service.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

How much compensation can I demand?

Search penalty clause for delays on the part of the builder in handing over possession. You can claim as per the terms of the agreement if there was a clause about the delayed possession. The view of Supreme Court of India in various cases that when possession of property is not delivered within the stipulated period, the delay so caused is denial of service.The Supreme Court has held that a property developer cannot delay the grant of possession of flats to the buyers beyond the period of contract and if there is a delay, the buyers are entitled for refund of their amount.

You can claim ;

1. the money required to buy alternate accommodation at the ongoing market value in the respective area. The purchaser can also claim the money given to the builder.

2. Interest on the payment made till date.(Up to 18%)

3. The purchaser can claim damages for loss of opportunity caused to the purchaser, had he invested his money elsewhere.

4.You can ask for a refund. -you are entitled as a property buyer to seek a refund from the builder. Demand compensation from builders for construction delays

It is your duty to show that the builder delayed the possession process much beyond the stipulated time, on the basis of the time-frame given by the builder (or the promise made by the builder) towards completion of the project and handing over the property.

You also need to show the loss suffered by you as a result of such delay in terms of the loss of interest on the amount deposited with the builder (beyond the stipulated time) and also the amount being spent by you on a rented accommodation.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

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