Compensation if builder gives late possession of the flat
30-Aug-2023 (In Property Law)
I booked the flat in 2010. Till today I haven't got my flat and they are promising to deliver it in the first quarter of 2019. According to the buyer's agreement, the delay compensation charges are Rs.7.7/super area till the date of the notice of possession. Under possession, the company will hand over the unit within 33 months from the date of start of construction. Date of Construction started on 10th May 2010. Handover Date shall be 33 months that is 10th February 2013. Acc. to my calculation, 7.5 x 1950 sqft (Super Area) = 14,625 per month. Total m (Assuming I receive the letter of possession in February 2019.) So, the Total amount is Rs. 14,625 x 72 m So, I feel that the compensation provided by the company is less and I would like to go through HRERA. My questions: 1. What interest is applicable in such a situation. 2. What amount shall I receive under HRERA and do, I need to file a case??
Good Evening
You can file a complaint through a lawyer before HRERA for the demand of compensation on account of a delayed possession by the builder. You can demand compensation to a valid and appropriate figure in total. You will have to satisfy the authority that you have suffered monetary loss as well as suffered mental agony as it was your dream to own your own house. If you stick to the amount written in agreements, you will barely receive such amount. When you have the legal remedy to ask for maximum compensation then why you are looking whats written in ATS or BBA? I am regularly appearing before HRERA and Consumer Courts. You can contact me for further discussion. Thanks
You can file a complaint through a lawyer before HRERA for the demand of compensation on account of a delayed possession by the builder. You can demand compensation to a valid and appropriate figure in total. You will have to satisfy the authority that you have suffered monetary loss as well as suffered mental agony as it was your dream to own your own house. If you stick to the amount written in agreements, you will barely receive such amount. When you have the legal remedy to ask for maximum compensation then why you are looking whats written in ATS or BBA? I am regularly appearing before HRERA and Consumer Courts. You can contact me for further discussion. Thanks
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