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How to get compensation for delay in possession


09-Jun-2023 (In Property Law)
Hi, I bought a resale flat in January and i had payed the 50% amount of the total cost of the flat. But the Seller could not give possession as the Original Deed of sale had to rectified as there was typing error regarding the position of the flat. And which they delayed for 4 months. can i ask for compensation for the delay in possession to the seller?
Answers (7)

Answer #1
783 votes
Consumer forum is your best option. Kindly file a complaint on the state consumer forum website. They will try to mediate at first. In case tge duspute does not end there you may neef to approach the consumer forum with a lawyer or in person
Answer #2
684 votes
Need to look into your deed which was registered and you can only claim as per the agreed terms of the contract. What was there in the deed regarding possession that needs to be looked in to and what would happen if there is failure in delivering possession
Answer #3
841 votes
it is absolutely your right to seek compensation if the related clause contained in the agreement which you have entered into with the seller of the flat. ( period under which he has to complete the deal)
Answer #4
903 votes
Please check all clauses of the sale agreement.There must a clause stating when the property possession to be handed over to the buyer by th e seller and the circumstances under which the time line can not be met by the seller. If contractual breach on the part of the seller is found and no breach of contractual obligations occurred on your part, you are entitled to liquidated damage (if sale agreement provides for the same) or general damage and interest thereon from the seller.
Since handing over not yet been completed please tread cautiously​.
Kindly do not enter into any plain correspondences with the seller.Immediately contact lawRato for further instructions and act as per advice of lawRato only.
Answer #5
702 votes
Dear client ,
As per the details provided by you I would suggest you that as your case is regarding delay in delivery of possession of resale flat then you can file a suit for damages due to late in delivery of possession against the owner and you can also file a criminal case for breach of trust.
Answer #6
708 votes
Dear Client,
You can file a case in the Permanent Lok Adalat for your claim. Secondly, you may also claim by filing a case in the Haryana Real Estate Regulatory Authority (HRERA) by blaming that there is delay in the possession as per Contract.
Answer #7
878 votes
Dear Sir

thank you for your query. You can file a case in consumer court seeking compensation for delay in possession. My advise is based on the information that you have provided. Specific suggestions and legal advised can be given only after going through the builder buyer agreement and discussing the matter in detail.

If you require further assistance please do not hesitate to contact me.

King Regards
Farhat Warsi Singh
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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