Cancellation of Registration and pray for refund and compensation
2 years ago
Hi, I have booked flat in RERA registered project on 18/Oct/2018. With a promised date as possession 31/Dec/2019. However builder has not given the possession till date. We are demanding for booking amount 1,00.000. Sanctioned & disbursed loan amount, 32,00,000 , stamp duty registration amount 230,000.Room rent payed for delayed possession period 2,80.000 and interest payed to the bank on the amount 12,78,000. However, builder is only giving us booking amount and disbursed loan amount 32,00,000. Can we demand for room rent paid and interest paid to the bank through EMI.
A.You can demand for anything and let the Court decide what can be given to you and what cannot be given. But you should not restrict in praying and asking for more as if you do that then court will not give you anything beyond what you ask for.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion in this regard,it is necessary to scrutinize the Sale Agreement for terms, conditions and default clauses because that is binding upon all the parties who had executed the same. It is also necessary to know whether the Builder has given any letter in writing specifying the reason of delay as Clause force majeure or not.
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