builder delayed possession of flat- wants compensation

Sir, I bought a flat in Bangalore and was promised by builder to give possession in July'2014. But now apparently he will be able to give possession in April'14 only. So there is a delay of 9 months from his side in giving possession. However, he has not added a penalty clause in the agreement for the delayed possession. Being the first time buyer I somehow missed it. So my question is that could I ask him for any compensation towards late possession when I do not have a penalty clause in my agreement?
Is that my legal right in that case? Please help.

Answers (1)

440 votes
Generally in construction of buildings delays are common as builder has to obtain over 100 approvals. You would be entitled to claim compensation if there is a clause in contract.

In case there is no such clause builder will refuse to pay. What you can do in such a situation is take possession of flat. Then move consumer forum for deficiency in service against the builder and seek compensation from him for the delay of possession

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