Compensation about delayed flat possession in Pune VTP project

Dear Client,
A force majeure clause is a contractual provision that excuses parties from performing their obligations when extraordinary events or circumstances beyond their control occur. These events, often referred to as “acts of God,” may include: Natural disasters (e.g., floods, bushfires, earthquakes), Pandemics or epidemics etc, i.e, an event for which no party can be held accountable and a service provider cannot be held responsible for the default or deficiency. The Indian Contract Act, 1872, regulates force majeure. Section 56 of the Act addresses the concept of frustration of contract, which is closely related to force majeure, particularly when a contract becomes impossible to perform. So, in the absence of any such events, the builder cannot take advantage of force majeure as a ground of delay in the delivery of possession of the constructed flats beyond the agreed deadline as per the Builder Buyer Agreement(BBA). In the given scenario, when the housing project is registered under RERA, then an aggrieved flat owner, serving a legal notice to the Builder, can file a complaint against him under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming appropriate relief and compensation for the delay. The complaint may also be filed against the Builder post-service of a legal notice before the Consumer Court over alleged deficiency in service and unfair trade practice claiming compensation for delay and harassment within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time. Apart from this, an aggrieved buyer can file a civil suit against the Builder seeking specific performance for breach of contract/agreement under Section 10 of the Specific Relief Act, 1963, before a Civil Court having jurisdiction over the suit property, claiming damages and compensation, and other relief. The limitation period for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963, is 3 years from the date fixed for performance or, if no such date is fixed, then from the date the plaintiff has notice that the performance is refused. Hence, it is recommended to consult with an Advocate experienced in real estate matters for tailored advice and steps to navigate the issue in the right way.