Delayed possession and refund query
Three years back, April 2013, I booked a flat with a renowned builder on VIP Road Zirakpur Punjab.
As per the agreement, the possession of the flat was committed to be transferred to me in 18 months i.e. by Oct. 2014. Till date, I’ve paid 85% of the price of the flat which is approximate Rs. 50 lakhs, including basic price, service tax and the TDS, but the possession has still not been awarded to me. I also have a home loan for the same flat with HDFC. And I am paying the EMI’s for that till date.
In the agreement, there was a compensation clause which states that the developer is liable to pay Rs 5/per sq. ft per month for the period of delaying in offering the possession, and will be adjusted at the time of Notice of possession. These holding charges are calculated to Rs. 9000 per month.
I have approached the builder number of times and every time they gave an assurance that the possession would be transferred in 6-8 months. Last week, they said possession would not be awarded before an year and even this time period I certainly doubt.
I’ve asked for my full money refund, but they say that I can take possession in another tower which is ready for possession. But I don’t want that.
All my payments were on time, so builder should not have any excuse on delayed payments too.
There is also one “Default” clause in the agreement that state – “If for any reason the Developer is not at all in a position to offer the Apartment, as agreed herein, the Developer shall offer the Purchaser(s) an alternative property or refund the amount in full with interest @ 10% per annum without any further liability to pay damages or any other compensation”
Please guide me what options do I have to recover my money?
Asked 8 years ago in Property Law
Religion: Hindu