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Builder not paying compensation against late possession of flat
30-May-2023 (In Consumer Court Law)
Builder not paying compensation against late possession of flat. I made few late payments for which builder is asking 60,000 late fee (@18%). Builder delayed the project by three years. The delay amount from their end becomes around 1,80,000. In the agreement there is a clause that builder is not liable to pay compensation if buyer delays any payment. I am ready to pay my dues but I expect the builder to also pay as I have made extra expense in terms of rent during these three years.
Respected Sir/Madam there is a judgment of Hon'ble NCDRC which provides that in case the builder has themselves delayed in delivering possession they are not entitled to interest upon delayed payments and therefore if you are paying interest on delayed payments you are entitled for penalty on delay in delivering possession. Further you are entitled for damages incurred upon rent.
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Adv. Rohit Kumar Singh
Delhi | 100+ Answers
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Dear owner For helping you out first I have to go through the terms and conditions of the agreement as u are saying that in case of delay of possession builder will have to pay the compensation. And on delay in payment from your side builder will not be liable to pay compensation . And also according to you possession is delayed by 3 years, since builder is charging you at 18% interest if you delay making payment similarly he should also pay interest at 18% for delay in delivery of possession. As according to the National Commissions ruling, the consumer has right to refund along with compensation when a builder delays possession beyond the agreed time.
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