Compensation for delayed offer of possession of flat
16-May-2023 (In Property Law)
I booked a floor in Gurgaon with Emaar MGF in 2009. Most of my instalments were made early as I received Rs 110000 towards Early Payment Rebate. However, one payment of Rs 157000 was delayed by 2-3 days as the cheque had overwriting and a fresh cheque had to be issued. On this account I am told that as per terms of Buyer Agreement, I am not eligible for compensation due to delays in handing over possession to me. I'm being asked to sign affidavits and take possession immediately. Do I have a legal recourse.
Hi, should you be able to substantiate that your earlier cheque was made and handed over within the stipulated time & what was overwritten was due to some genuine reason occurring at the time of handing over the cheque by you, and once the cheque was returned by the builder, you were willing immediately to issue a substitute, there should be a suitable recourse available.
In any case, it seems your apartment has been delayed for a possession and you are entitled to a re-course against the builder for delay of grant of possession.
In any case, it seems your apartment has been delayed for a possession and you are entitled to a re-course against the builder for delay of grant of possession.
Dear Sir
Thank you for your query. The answer to your query is yes you definitely have legal rights. Overwriting of cheque is no excuse unless specifically mentioned in builder buyers agreement. You can proceed to consumer court for compensation.
Hope I am able to address your query.
Should you have further query please do not hesitate to contact us.
Regards
Farhat Warsi
Advocate
Thank you for your query. The answer to your query is yes you definitely have legal rights. Overwriting of cheque is no excuse unless specifically mentioned in builder buyers agreement. You can proceed to consumer court for compensation.
Hope I am able to address your query.
Should you have further query please do not hesitate to contact us.
Regards
Farhat Warsi
Advocate
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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