Delay in flat handover
3 years ago
My flat handover is delayed by 50 months. How many months delay compension will be paid by the builder as per the attached clause?
# In case of delay in construction of the flat
For reasons other than force majeure condition, the developer shall pay a sum at the rate of Rs 5/- per square feet of super area per month for the delay period.
#That the developer should complete the development/construction of the flat within 24 months from the day of starting of excavation/ signing of agreement which may vary for +/- 6months.
You may approach Consumer Court for getting huge compensation as per the terms of Sale Agreement etc.
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More information is required, whether there is any clause in regard to such compensation if delay is caused in the sale-purchase agreement. However, if nothing is mentioned, law would be enforceable and you can send builder a legal notice for the payment of compensation, also you may file a complaint in consumer forum.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
If any clause is mentioned in your sale -purchase agreement you would be governed by that, and if not, the law would be enforced, and claim the compensation and if the builder is not paying the same, you can send him a legal notice and further approach the consumer forum.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
you will get the compensation.
so you booked in 2013/2014 ?
if delay clause with compensation was mentioned then you will get from approximately after deducting 24+6 months. However you were communicating in last 50 months ?
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
ARUN WIGHMAL
Responded 3 years ago
With respect to you query.
The dealer shall pay compensation for delay computing immediately after the expiry ( starting after the expiry of 24 month from the date of execution of the agreement) of delivery date although if you file a consumer complaint before the Commission, the compensation awarded by the Commission to you may be more that what is written in the agreement as per the clause mentioned above.
Thank you.
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