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Compensation for delay in delivery of house by builder
18-Oct-2023 (In Consumer Court Law)
Is it true that compensation for delay is awarded only to those who go legal against the builder? We have invested in a flat and few of the members are going legal. They are saying the ones who don't join in will not be compensated
To some extent it is as those who are going consumer can demand compensation and other compensations. However if you don't go you are only entitled to compensation as per the agreement with the builders which is quite less then what you might get from consumer court
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Adv. Rana Prashant
Gurgaon | 25+ Answers
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The Court Orders are generally in personum and thus until and unless you are party to the litigation you will not get the benefit of the the order. However the situation has changed after a very recent judgment of the National Consumer Commission wherein it has ruled that all buyers of a housing project will be made party to any case filed against the real estate developer by another buyer. But since this judgment is very new, only time will tell how it takes effect.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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Compensation is granted by the court so yes you need to opt for the legal course to get compensation. You might get your money if the others get the compensation but it is not sure and not an hard and fast rule that you will get it. but if you file a legal case then surely you will get the compensation as you will be one of the parties who had filed for compensation.
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Adv. Japnam Kaur Bindra
Gurgaon | 25+ Answers
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hi,
yes it is partially right because every case has different scenerio, time and claim, so court cant decide any in rem in these type of cases, so file your own case.
Thanks & regards
yes it is partially right because every case has different scenerio, time and claim, so court cant decide any in rem in these type of cases, so file your own case.
Thanks & regards
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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