Liability of builder to compensate to 2nd buyer of flat, for delay in actual possession and lack of basic amenities like water, electricity, road, sewage etc

4 years ago

Dear Legal Experts,
I have taken a flat from 1st buyer (he executed saledeed with Builder and also got clearance letter, possession certificate) and subsequently I have executed saledeed with 1st buyer and owned that flat in 2013. However the entire housing complex was not having water, electricity, road and it was completely deserted as the builder was behind bar in a separate case. After agitation for last 5-6 yrs and we have got our flats with temporary electricity and water on Jan 2019. We have photographs of and group whatsapp msg of hundreds of agitators to substantiate our genuinity for struggling to get our flats with basic amenities. But it took around 7yrs from the given timeline of handover by builder. In the mean time many of the 1st buyers also executed their sale deed with fear of losing entire investment.

1. Would like to know whether the 2nd buyer can claim compensation for 7yrs delay, as the flats were not in livable condition and it was without basic amenities like road, electricity, water, sewage & moreover it was kind of a ghost housing complex with 10 blocks and 500 flats. And which act empowers the 2nd buyer to claim compensation as the ownership is transferred from 1st buyer to 2nd buyer through registered sale deed, and it’s the equal responsibility of Builder to comply as agreed with the 1st buyer.
2. Builders are always in dominant position prior to this RERA act, Competition Act. Buyers are rather forced to collect symbolic possession letter and to execute saledeed, where as builder wont complete other amenities to make it in livable condition. Do we have any ruling by Apex court of our country where they are further spelt out the meaning of POSSESSION and it should be with all the amenities and civic services.