Delay of possession of flat
Santosh Kale
(Querist) 03 March 2014
This query is : Resolved
Dear Sir,
I have booked a flat on July 2012 at Shahapur, in Thane District, Maharashtra & as per agreement, builder will give the possession on May 2013. But still I have not got the possession of flat due to under construction. As per demand letters, I have paid 85% amount of flat cost. Every month I am paying bank home loan interest of the amount paid to builder. And I am staying in rented house. Due to non possession of flat, I am suffering the said losses.
As per our Sale Agreement, clause of possession is mentioned as follows:-
"It is expressly agreed that the possession of the said flat will be endeavored to be handed over by the promoter to the purchaser by May 2013, provided the promoter has received full purchase consideration of the said premises and all other amounts payable by the purchaser to the promoter has received such amounts from other purchasers strictly as per time schedule and provided the construction by the promoter is not delayed on account of non-availability of steel and cement. subject to above, if the promoter for any other reasons is unable to give possession of the said premises by date stipulated hereinabove then the promoter agrees that the promoter shall be liable on demand by the purchaser to refund to the purchaser the amounts already received by them in respect of the said premises without interest as also without any deductions of any mount therefrom, after execution and registration of cancellation of the said agreement for sale. Till the entire amount as stated is refunded by the promoter to the purchaser, subject to prior encumbrances if any, such amount shall have charge on the said premises only, but not of the said property. it is agreed upon that refund of the said amount as stated hereinabove, the purchaser shall have no right, title, interest, claim, demand or dispute of any nature whatsover either against the promoter or against the said premises."
In this regard, there is only one reason of delay that builder has divided work on more than 40 nos. of buildings instead of our first starting sector of 10 buildings project. And there is no other issues whereas pending drinking water issue has been sort out before 4 months by making huge water tanks of pure boreing water.
As per MOFA, 1963 & the above clause , can I demand to the bulder for compensation against my said losses till the possession of flat? If so, can I send a letter to builder regarding the confirmation of possession date and a request to refund for compensation against my losses due to home loan interest & house rent. Can it be worked for quick possession.
In this regard, I kindly seek advice from you.
I will be thankful to you for your favourable guidance.
Thanks & Regards,
Santosh Kale
adv. rajeev ( rajoo )
(Expert) 03 March 2014
the promoter shall be liable on demand by the purchaser to refund to the purchaser the amounts already received by them in respect of the said premises without interest as also without any deductions of any mount therefrom, after execution and registration of cancellation of the said agreement for sale. Till the entire amount as stated is refunded by the promoter to the purchaser, subject to prior encumbrances if any, such amount shall have charge on the said premises only, but not of the said property. it is agreed upon that refund of the said amount as stated hereinabove, the purchaser shall have no right, title, interest, claim, demand or dispute of any nature whatsover either against the promoter or against the said premises."
This clause will affect you, but the reason given by you for the delay, you can claim the compensation. You issue legal notice claiming the compensation within the given days, if he failed then file a consumer case against the builder. He will definitely will reply falsely. You keep the records regarding divided of work.
Rajendra K Goyal
(Expert) 03 March 2014
Send a legal notice to the builder demanding compensation and later file consumer complaint.
R.K Nanda
(Expert) 03 March 2014
agree with experts.
