Delay in possession of flat
Dear Sir,
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 7 years ago in Property Law
Religion: Hindu
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 7 years ago