Compensation for delay - no clause in agreement

Dear Mr. Sreehari Menon,

I have perused your query being posted on this Forum and have noted the contents therein.

Through your said query you have sought legal advise that whether you may approach Consumer Court for getting relief of compensation from your erring Builders, who have failed to make delivery of possession of the Flat within its stipulated period, being purchased by you from them and despite having received all of its due price.

Crux of your doubt is that relevant agreement does not have such clause having described terms of such compensation in lieu of caused delay.

In response, I would say YES !

In several alike cases, various Hon'ble State Consumer Disputes Redressal Commission as well Hon'ble National Consumer Disputes Redressal Commission have awarded Compensation to aggrieved consumers, alike you and have penalized erring builders having delayed in delivery of respective possession over flats to its purchasers in time.

I would advise you to send a NOTICE at your own by enclosing / forwarding my this mail / response along with advised notice to your said Builders, demanding thereby an appropriate compensation in lieu of caused delay in possession. Further having awaited for their response to yours to be sent notice for one month and on failure of the builders to comply with, you should lodge a Consumer Complaint Case in the Consumer Court at your end having its jurisdiction over the matter for rederessal of your grievances.

Further, feel free to approach me through www.powertoconsumer.in, a website providing its free services & extending all legal support to consumers. Said website would stand for your cause. You may refer to the website to know about procedure of filling advised case. Through my website, You may have advises / help in drafting your case, even; if feel so.

Thanking you,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in

I doubt that the builder will on his own give any compensation on the basis your demand notice. Any way you can write to him. Before you write to him you work out the quantum of compensation you wish to demand. You consult people with experience if necessary. As you have still not been given possession the compensation will also go on increasing with time in addition to interest on the amount. If the builder keeps silent or gives you a negative reply you can go to consumer court