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How to obtain compensation for delay in possession of property
06-Jun-2023 (In Property Law)
I've agreement of buying an apartment and paying in installment as per mile stone.As per agreement the apartment must be completed by end of dec-16 after grace period of 6 month from Jul-16.It's in .But till now they are not able to deliver apartment and they have not done many amenities like swimming pool etc.Now as the central Govt enabled real estate law but did not implement it so how to approach for a compensation of delay.The Apartment cost around 45 lacs and I've paid till 42.5 lacs.can you please advise.The Property name Mounthill Essense.
At the first instance I would like to inform you that RERA not yet been come into force in WB.Your issues are related to breach of contractual obligations on the part of the other party to the agreement causing damages to your interest.You have not mentioned whether the Agreement of Sale is a registered one or not.Any way, by way of claiming monetary compensation as per liquidity damage clause (if the agreement provides for the same) or general damage clause from the other party to the agreement, you can get yourself compensated by the said party.please examine application of WB Act XX of 1993 and XL-VIII of 1994 in your matter.you are also requested to examine whether your deal with the other party comes under the ambit of consumer protection appropriate agency?One thing is clear that if there is no involvement attributable on your part for prolongation of the project, you can legally claim money from the other party for the damages caused /being suffered by you.
Should you consider to opt for legal course of action contact​ lawRato for needful guidance.
Should you consider to opt for legal course of action contact​ lawRato for needful guidance.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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It is your right to seek relief from the consumer forum against the developer who has deviated from the terms of agreement and failed to deliver the possession well within the stipulated period of time as well thereafter. Apart from the compensation you may also claim for mental harassment and agony a good amount . Please check whether the RERA has become operational at the state where you have purchased the unit or not. Law has given you absolute right entitlement to seek delay compensation as well other reliefs under the consumer protection act.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Dear Client,
As per the details provided by you and in response to your queries I would like to state that you can easily approach the Consumer Redrassal forum for your grievance and can claim damages and compensations for the dealy in delivery of possession and also for deficiency in service and that is also a speedy trial court.
As per the details provided by you and in response to your queries I would like to state that you can easily approach the Consumer Redrassal forum for your grievance and can claim damages and compensations for the dealy in delivery of possession and also for deficiency in service and that is also a speedy trial court.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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