Can a builder consider demonetization as valid excuse for delaying possession?
Delay in possession of under construction Apartment and there is no communication informing me about the delay . As per the agreement , possession should be done within 36 months from date of allotment . Allotment date was 16th July 2014 . So, normal possession should be given by 15th JULY,2017.The expected date is already over . There was a clause of 6 months grace period . That time period is also over. On January 2018 , i made an enquiry and I was told that possession will be given by March ,2018. The simoco sanhita website www.sanhitarealty.com also published the same information,. Now this is March , I found the possession date displaying in simoco website is secretly changed to June . After sending emails with repeated follow ups, builder is telling that they will try to start the possession in September and will try to complete by December. BUT THEY ARE REFUSING to give any penalty or compensation for the delay . They are putting some lame excuses and are considering them a subject of Force Majuro clause . They are telling DEMONETIZATION is to be considered as force Majuro. Apart from that, they are also telling there is some issue in BLLRO office in mutation and local gram panchyet is not functioning properly. But the construction is not complete . So, at this step Gram panchayet does not play any role . I belive installation of lifts,clearance certificate will come into the picture once the construction is complete. . I stay in a rented house and this flat is purchased on home loan. Because of long delay in possession, I thought to sell out this flat and buy a ready flat . But they are forcing me a transfer charge if I want to sell out this flat as per the original agreement. But they are not willing to pay any compensation for their delay . They are making all the rules as one sided . 80 % of the flat value is alreday paid by me . Only last two payments are remaining . As per the payment schedule, I have to pay those amount on constructing of 7th floor. But the construction of 7th floor is not done till date . However, the normal possession date and grace period are over .
My questions are as follows.
Can builder consider demonetization as force Majuro ??
If the answer is yes and they already decided to delay the possession should not they informed the buyers about the delay?
If Gram panchayet and BLLRO office is REALLY not functioning properly , should a buyer suffer for it ?
Builder already gave me in written that before September ,2018 they are unable to hand over the flats, but in website still they are showing June as possession month . Can I take any legal action for this ?
Am I not eligible to get any kind of compensation ?
Asked 4 years ago in Property Law
Please let me know how to contact RERA for this issue .
Can I lodge complaint in wbconsumers.gov.in (Consumer Affair department, Govt of West Bengal)?
Below is the last email from builder. After that there is no response on asking counter question.
On Thursday, 15 March, 2018, 6:30:38 PM IST, PROSENJIT MUKHERJEE <[deleted]> wrote:
The formal and informal sectors had badly suffered due to demonetization.There were all around negative impact due to demonetization.If demonitzation does not come under FMC,then what else on this earth comes in FMC.
For your information, Gram Panchayat does not funding a project.Neither Simoco require any funding for it’s project.Gram Panchayat is the competent authority who issues Trade License,approve construction plan,NOC.There are so many NOC,Licenses,Certificates are required from govt. authorities to set up a project and local gram panchayat is the first door step all.
You have failed to make my point.It was no the BLLRO who was suspended but all works in regard to Mutation and Conversion were suspended in BLLRO,Bhangor-II. Now a days no one can acquire any land illegally.There is a Govt. Dept.-called LR who have all the records about the lands.From land registration/conveyance ,mutation,conversion –one has to go different processes and in each and every steps document on possession are checked and verified with the department’s record.Today no fool can think of cheating department after department.Land related records have been made available on air by the LR department.Any common man can get access to the portal and can verify.If you have any problem any getting access in this portalt to verify ,pls feel free to communicate .We are ready to help you.
As regard project approval ,UBI entrusted two different competent lawyers for legal searching and verification.For your kind information these searching are generally done in registration office,BLLRO office .Questing about UBI’s approval of our project means not only you questing about the efficiency and integrity of two lawyers but also all officials of UBI who were responsible for according approval.Had it known to you how things are done,you would not have made such derogative remarks.For your kind information,other than UBI ,there are four other nationalized banks ,one private bank,one NBFC,LIC have also approved the project.Do you have any such conclusion about them.We may have many faults but before questioning other integrity ,do pls think twice.
More than 3200 customers have taken flats in our Sanhita project.More than 65% customers have taken home loan from different banks.We are very transparent to our customers .We take them regularly to our site to see the construction progress.No one ,barring you,has ever thought that they were cheated.Ours is a reputed concern engaged in different activities for last forty years and we too deserve some respect from you.
Asked 4 years ago