Delay in flat possesion by 1.5 yrs and still in construstion

Q: Want to know the Penalty charges or what action can be taken on delay(of 1.5 yrs) in flat possesion. The flat is still in construction and would take more 3 quarters to get it delivered. I would like to know how can I get compensated for this delay

vineet dahake, Apartment Resident

9th April 2014

Legal in Nirmiti Albacitta, Baner, Pune

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Hi all,
Most agreements that you sign with builders stipulate a hefty rate of interest for delayed payments from your side. But search for a similar penalty clause for delays on the part of the builder in handing over possession, and you will find none.

Under the Consumer Protection Act, a consumer is entitled to compensation for any service that turns out to be ‘deficient’. Since delays in the delivery of any service constitutes ‘deficiency’, one can demand compensation for such delays. I would suggest that you please go through the order of the National Consumer Disputes Redressal Commission.

Krishnendu, Pune

12th August 2014

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@krishnendu,
You also need to show the loss suffered by you as a result of such delay in terms of the loss of interest on the amount deposited with the builder (beyond the stipulated time ) and also the amount being spent by you on a rented accommodation.

Wasim Mohammad, Pune

12th August 2014

I wanted to know is anybody booked the flat in nirmiti albacitta B wing,if yes then plz come ahead to create a group of flat owners against builder

ashish deshpande, Apartment Resident

23rd July 2014

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hello Mrs Ashish, I have booked in b wing. Pls let me know ur contact details or pls call @9860488263

vineet dahake, Apartment Resident

17th August 2014

Hi Vineet,
Delays in construction of residential projects are common in India. Now a days developers add a grace period of six months in their agreement with buyers. Most buyers take a delay of 6-12 months as granted but sometimes it can be seen that possession is delayed even beyond the given period.
A developer liable to refund the money obtained from a customer with interest if he is unable to justify non-completion or delaying possession of his project. You can file a case in the consumer disputes redressal commissions at the district, state and national levels.

Pravakar Saxena, Pune

9th April 2014

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