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Delay in possession of apartment compensation denied by the builder
14-Aug-2023 (In Property Law)
My apartment handover has been delayed by the developer by 3 years. The apartment is now ready for handover. But the builder is not paying the penalty amount (12% as per sale deed) saying due to force majeure clause. Please let me know what steps can be taken now? Shall I take the handover of the apartment by clearing my dues and then take legal steps?
You can take possession and then as a property buyer, you are authorized to file a consumer complaint against the builder regarding delay. You should file a written complaint with apt ‘Consumer Dispute Redressal Forum or Commission’ under the Consumer Protection Act (CPA), 1986, and take into consideration pecuniary and territorial jurisdictions. You can even make a claim for the losses even if the possession has been delayed by a day.
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Adv. Minansu Bhadra
Kolkata | 25+ Answers
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You can opt for legal action against the concerned person specified in the contract.Apparently both fact and law are in your favour Still for suggesting specific legal course of action, I need to peruse your related documents.All actions are to be carefully envisaged to protect your interest.Please contact lawRato regarding further instructions.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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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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