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Delay in flat possession can i claim any compensation for it


28-Mar-2023 (In Consumer Court Law)
I booked a flat for Rs.2184000 on 02/10/2015. For that I have already paid around 1600000 a part of which is loan from SBI. As per the agreement the builder was required to give the possession in the month of Feb 2017. But still i didn't get the possession. After visiting the construction site it seems that the builder will take ages for completing the same. Also in the agreement its written that if builder delays the handover of flat then he will pay 05% per annum interest on the amount paid to him. There is no terms for cancelling the booking. My question is 1) Can I ask for the compensation right now as its one month delay from possession date? 2) As I have taken the loan from SBI and also residing in a rented accommodation, can I ask for compensation more than that written on agreement?
Answers (4)

Answer #1
671 votes
Yes you can definately claim pecuniary compensation as well litigation cost. Once the agreement is being violated, consumers have all the right to appear before the appropriate forum to claim compensation.
Answer #2
690 votes
Dear client, you can directly approach the Consumer court for claiming compensation for the one months delay and also claim more compensation than the agreed amount as interest as per Supreme Court judgement.
Answer #3
548 votes
Yes compensation can be asked now as there is a breach of contract, and ask for compensation on ground of specific performance, the compensation can be assessed only after going through the agreement.
Answer #4
585 votes
Hello,
You should first serve a legal notice upon the builder. if does not work you can file a consumer complaint in the consumer forum. But for more detailed and accurate advice I should see the agreement you have signed.

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