Delay in possession of flat by builder
The builder klj(New Delhi) has delayed the project platinum plus(Faridabad, Haryana) in which I have booked a flat in April-2012. In the agreement the possession was to be given in 30 months from 31.01.11 with 6 months grace period for OC. Now I have got the letter for possession dtd 1.4.15 with offer for possession from 1.6.15(maintenance charges applied from.). Till date there is no delay in pmt from my side. Written to the builder for the compensation rs 5x1304x16mth as mentioned in agreement @5/- pm ps ft area(1304sqft).
No reply received from the builder. Had meetings with builder,s representative at it,s office twice. They were twisting the matter with delayed getting of OC and accepted delay of only 2-3 months(offering discount).
I have paid the full amount as was asked in the final balance payment demand letter as there was interest penalty of 18%. I have not accepted the 2-3 months delay as it was unfair as I have paid interest on home loan(23lacs) and rent which was additional financial burden on me due to the delay by the builder(KLJ developers p ltd)
How can I proceed further to get compensation for delayed possession. Still I have not signed undertaking for taking the possession of the flat as certain construction & finishing issues are pending by the builder, which was highlighted to the builder separately.
Asked in Property Law from Faridabad, Haryana
Can delay in getting OC by the builder superseeds agreement clause for offer for possession, in which it is clearly mentioned that if builder does not offer for possession within 30months +180days grace, it will pay delayed penalty @rs5 pm psqft area.
Asked 2 years ago
You may complain against him to consumer forum where he will be asked to pay damages to you for the delay if proved.
You may also serve a notice on him to do so failing which you may sue him for specific performance in a court of Competent Jurisdiction asking him to honour the word of the agreement. But if he has a genuine cause to explain such delay for example government policy change, or unforeseeable bad whether and such then the chances for having to pay damages is minimal.
1. You are not liable for delay in getting OC by the builder as it is his headache.
2. Now since he is making some defaults he is liable for it.
3. If the builder is doing his bit to make good the loss , going to consumer forum remains the only option.
4. In the complaint before the consumer forum you can orya for such reliefs including claim for compensation and damages.
1. The builder is liable to pay the compensation which has been agreed and incorporated in the agreement.
2. You can issue a lawyer's notice to the builder seeking compensation in accordance with the agreement.
3. If he does not pay the compensation even after the notice from your lawyer then you may sue him to recover compensation and also damages.
1. It is the responsibility of the builder to obtain the OC.
2. Delay in getting OC does not supersede the penalty clause in the agreement.
1) you can move consumer forum against the builder for deficiency in service and seek interest for delay in delivery of possession
2) in addition you can also claim amount paid by you as rentals for delay in delivery of possession .
3) also claim compensation for mental torture undergone by you
4) please note that cases in consumer forum take around 2 years to be disposed of
5) better strategy would be to take possession under protest and then file complaint before consumer forum
1) the terms of contract are sacrosanct
2) builder is bound to pay delayed penalty @rs5 pm psqft area.as provided in agreement signed with you
3) it is responsibility for obtaining OC within stipulated period .
4) had builder constructed building as per sanctioned plans builder would have obtained building completion certificate/ Occupation certificate from municipal corporation
1. Take physical possession of the flat first without signing any no-due or such certificates,
2. Insist for immediate registration of the flat if you are prepared,
3. Thus first get out of the clutch of the builder,
4. After that file a consumer complaint case before the local consumer dispute redressal forum alleging deficiency in service and unfair business practice claiming payment of the agreed penalty with interest, damage and cost.
1. Availing OC from the appropriate authority for handing over possession to you is the responsibility of the builder the way availing of loan amount to pay the builder is your responsibility,
2. Firts take possession and then file consumer complaint case as suggested in my earlier post.