Delay in possession of flat
I have booked a flat in 2013 with with a delivery date of on or before 1st July 2014. However the delivery is delayed and possession is given on Jun 30th, 2016. Construction agreement between builder and buyer (me) states that, delay in the project will be compensated with Rs.1000/- per month for the delay period from the date of end of grace period which is two months subject to no delay in any of the payment by the buyer. In addition to this buyer will be liable to pay 18% interest for the delayed payment.
There were few delays by few days in some of my payments which as per the above which the developer sent interest amount payable which later waived by the builder during registration. Since we already paid 95% of the flat payment, we did not want to have any complication in getting the flat for possession to avoid any further losses. Hence we have paid remaining amount and got the flat registered on June 30th 2016. Developer has put a pre-condition that buyer must sign the declaration to take the flat into possession which states that buyer do not have any claim including delay and fully satisfied with the quality. Though i did not agree and argued with the developer, i was left with no option other than to sign as developer did not agree to change the clause. every buyer of that project was forced to sign to get the flat into possession.
Flat construction is found to be a bad quality, however developer always say that flat is constructions as per the construction agreement. My question is since i have signed a declaration which is written only in favour of the builder by developer appointed lawyers (paid by the buyers in the form of legal fee before registration) does this make the case weak in the court? can i still file a case? what are the option available to file a case for delay. I have also written a complaint to govt of India about my helpless situation to sign undue clauses for an action but i am yet to hear about the action.
Asked 12 months ago in Property Law from United Arab Emirates
1) there is delay of 2 years in delivery of possession
2) the agreement executed by builder is one sided
3) if builder is charging 18 per cent interest he should also pay same interest for delay in delivery of possession
4) you should not have signed any letter that you have no claim for delay in delivery of possession
5) move consumer forum for delay in delivery of possession and claim interest at 18 percent
6) mention builder forced you to sign undertaking to take possession of flat
This is quite common with the developers ans in absence of protest of buyers they thrive in cheating the gullible purchasers.
This is a fit case when you can bring the developer to books by way of filing a case in comsuem forum where apart form getting penalty for delayed possession, would be awarded with compensation and damges as well.
Take help of a lawyer.
You can move to consumer court immediately and narrated all the real facts ,clearly mention about the declaration signed by you forcefully.
Claim compensation for delayed possession
Claim compensation for bad quality constructions
This declaration whatever yo have signed is lopsided and unlawful. You can prove before court the delay caused by the builder i completing the construction and handing over possession. In fact the builder is supposed o procure OC from the competent authority before handing over possession. If he has not done so nor had even whispered a word about it, then it is clearly a case before consumer forum for deficiency of service for which besides interest for delayed possession, yo may claim compensation too for the mental agony and harassment you suffered.
You may even have the quality of construction assessed by an exerts architect from your side and submit his report for the substandard quality of construction.Writing to government of India will not fetch you any relief, you have t approach appropriate authorities for the desired reliefs.
Consult a local lawyer and decide about further steps.
1. No. It does not make your case week at all. It is evident that you were forced to sign the said one sided agreement since otherwise he was not willing to handover possession to you after receiving most of the payment,
2. File a complaint case against the builder alleging deficiency in services and unfair business practice claiming payment for the delay as per the agreement and compensation for using inferior quality of material with further interest thereupon, damage and cost,
3. You have a very fair chance of winning in the above case.
thanks for the suggestions.. All suggestions are great. May i know what could the the time frame from case filing to verdict. I am sure developer has lawyers knowing these consequences, he would have created supporting arguments. Consumer court verdict can be challenged at higher courts? at least to drag the case for longer period.
Asked 12 months ago
1) in district consumer forum it takes around 2 years for complaint to be disposed of
2) it all depends upon pendency of cases in district or state commission where your complaint is filed
3) against order passed by district forum appeal can be filed before state commission
4) against order of state commission appeal lies to national commission
1. Cases at Consumer Fora are decided the fastest,
2. Consumer Court forum Judgment can be challenged before the State Commission,
3. State Commission Judgment cen be challenged before the National Commission whose Judgment can be challenged before the Supreme court,
4. It is generally found that the dishonest builders come to negotiation table as soon as they receive Summons from the Consumer Fora.
The time taken for the trial proceedings and a decision by the court cannot be predicted because it is affected by various obvious factors that are unavoidable.
Whether the developer has a lawyer or you have a lawyer, the things will proceed as per law and nobody is exempt from the wrath of law for any violations of law.
You first file a case, you will be given offers for compromise settlements soon after filing. You can think about further issues after that.