Delay in Possession
I booked a Flat in July 2013
Total flat Price was 38.5 Lac Rupees ( Including VAT and Registration charges) out of which i have already paid 34.5 Lacs to him and i have all the original receipts for the same from builder. I am ready to pay the remaining amount as and when demanded from him, I still haven't received any demand from him for the remaining amount.
I was promised verbally by Sales Guy of the builder the possession of the Flat by Dec 2013, However when we had gone for the agreement in Aug 2013 the person from the Builder side came with the agreement already typed in which the date mentioned was FEB 2014 as per the agreement and I had no other option than to go for the agreement as he said it has been revised and I shall get the same by FEB 2014, then he delayed saying it will be given in 1-2 months However on 08 May 2014 got the Email from builder side assuring for giving possession of the said flat by 15th December 2014 and the reason for Delay mentioned was : Upon thorough review of the situation, we narrowed the cause to delay in material and labor shortage and delay in MSEB supply.
Despite repeated follow up meetings, emails and phone calls with Builder on project schedule, builder is neither replying to emails, nor providing us possession or reason for delays or a concrete date for possession. Hopefully he is telling it will be given in 1-2 months as only MSEB connections are pending.
Agreement Clause reads as below:
The Builder shall give the possession of the said Flat on FEB 2014. It is clarified that possession date mentioned herein is subject to the purchaser unit only. It is agreed between the parties that the builder will complete the common facilities and amenities of the entire project as per their convenience in due course of time. Provided that builder shall be entitled to reasonable extension of time for giving delivery of unit on the aforesaid date, if the completion of unit is to be situated is delayed on account of:
1 Non availability of Labor, steel, cement, other building material, water & electric supply
2 War, Civil commotion, Heavy rains or act of God
3 Any Notice, order, rule, notification of the Government and/or other public competent authority or any decree/ order of any court
4 Delay in making available electricity connections and water connections
5 Delay or default committed by the purchaser or other purchaser in making timely payments of installments, without prejudice to the right of builder to terminate the agreement
6 Changes in the Rules, Regulations BY Laws of various statutory bodies and authorities from time then affecting the development of project.
However the Developer shall not be liable to pay any compensation for delay in possession on any account whatsoever.
I have a Question and need your assistance on this.
Builder was in Dominant position while signing the agreement as per his terms and conditions and i had no other option than to sing as it was typed or he has the right not to sell the Flat to me
Do i stand a chance for any sort of compensation on this in consumer court and till date i haven’t got the possession??????????
Is there any case study wherein similar case of mine are won in Consumer courts for which i can get the reference