Delay in possession of flat more than 6 months
Bhaskara Mogera
(Querist) 01 December 2012
This query is : Resolved
Dear sir,
I have booked a under construction flat during Mar '2010 at kanakapura road Bangalore. As per the agreement to build, they have to hand over the possession on or before March 2012. But the flat is ready for possession in Nov '2012. They have delayed in handing over almost 8 months.
The clause mentioned in the agreement-Time for completion and delivery of possession as under-
"The Second party (builder) agrees and undertakes to completion construction of Schedule C property on or before March '2012 in accordance with standard specifications provided in this agreement and hand over possession of schedule C property to first part (my self). In case First party desire/requires any chang to standard specifications which are technically feasible, time for completion of the schedule c property shall get extended accordingly. The completion period for construction of schedule c proeprty does not include time to be taken for providing facilities in common area which requires minimum period of three to four month from the date of compltion of construction of last block in the project. The period for completion of work is subject to various forcemajeure conditions like availability of materials such as cement, sand, steel and other essential items and unforeseen events, changes of laws and /or public authority granting amentities like Electricity, water supply, Sewerage connections etc., In the event the SECOND PARTY is unable to hand over possession of schedule c property to FIRST PARTY as per schedule, though FIRST PARTY completes/complies all terms and conditions under this agreement, with out any default what so ever, SECOND PARTY undertakes to compensate to FIRST PARTY @ Rs. 3/- per Sft/per month on super built up area till SECOND PARTY informs FIRST PARTY of its readiness to hand over schedule C property. Provided that, SECOND PARTY is not liable to pay such compensation for delays process of law/orders/instructions of a competent authority, statutory body or a local authority or any govermental agency. In such an event, the period of completion shall stand extended by such periods during which construction work was interrupted".
I have not changed any specification & complies to all terms and conditions. But Builder is not ready to compensate me any amount. They told me that due to sand strike of 3 month, the project is delayed.
In the above circumstance whether I am eligible for any compensation. if so please help me and also how I have to deal with the builder. Please mention the amount of compensation I am eligible.
regards
Bhaskara Mogera
ajay sethi
(Expert) 01 December 2012
under the contract it was mentioned that period of completion of work is subject to avilability of sand etc . in your case builder has stated that on account of non availability of sand project was delayed .the sand strike was for only 3 months whereas delay is of 8 months .
address letter in writing to builder and ask for compensation at rate mentioned in the contract . wait for his response . then move consumer forum aginst the builder
Raj Kumar Makkad
(Expert) 01 December 2012
Deducting the period of 3 months spend more due to strike of sand suppliers, you can very well demand compensation at the same rate had you made the payment late to him and builder might have charged from you. You may go to consumer forum even.
