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vijay (None)     18 July 2014

Delay in handing over of apartment by builder

I blocked an apartment in chennai and promised delivery date was 2011. Till now the apartment is not delivered as well as no compensation was given. The Construction agreement has expired now and builder is doing work at a snail's pace. What is the legal step that can be taken against the builder in either completing it or providing required compensation if the delay continues.

 

Thanks

Vijay



Learning

 3 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 July 2014

Dear Client,

 

Both under the Specific Relief Act and under the consumer protection Act you can file cases under against the Builder, Inordinate delay in delivery of the possession is deficiency of service under both the acts which award compensation for the delay and as well as the damages caused by the same to the consumer.

 

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court Hrs to get a suitable appointment date and timeing.
 

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

 

Anand Bali & Associates

204-B, Nanda Devi Apartments,

Plot-19, Sec-10, 

Dwarka,

New Delhi-110075

Ph -9582144748

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 July 2014

You can claim damages as non - monetory loss for breach of contract by the builder. The general rule is that damages are assessed at the date of breach of contract.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     18 July 2014

No doubt, you are entitled to get compensation from the builders who has not performed his part as he promised in the agreement.


Irrespective of the penalty clauses in the said agreement, you should be properly compensated for your loss and injuries caused due to the delay. 


Since there is an inordinate delay, the builder can not evade from his liability to pay compensation by saying that the delay is caused beyond his control.


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