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Author Topic: Denial of Penalty in case of change in Flat  (Read 604 times)

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  • Newlaw
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Denial of Penalty in case of change in Flat
« on: January 17, 2016, 09:50:03 AM »
Hi Friends,

I booked a flat in Noida (U.P.). But the possession has been delayed by more than 2 years now causing me mental stress and messed up my financial stability. I cannot even afford to file a case against the builder and being a salaried class person I don't even have time to go and fight my own case in Consumer forum as I have come to know it is not easy to fight a case in consumer forum as it is a time consuming process.

My query is about the denial of penalty in a specific scenario. The flat was supposed to be handed over in Jan 2014 as per agreement but delays hit the project and it is not yet ready. The builder said that possession is coming up in next 5-6 months and he will pay me penalty of 18-20 months (after deducting it for the months for which NGT stopped the work). But as builders are known for moving the dates ahead so I am not believing him. Builder has now offered me another flat in same complex in exchange but then added a condition that he will not pay penalty for the same as the new agreement for new flat will not fall under delayed category.

Normally nothing is written in agreements about the "flat change" so there is nothing about it in the buyer seller agreement. I asked developer to give me penalty up to today if not any further. But he said he will not do that.

Is the builder correct?
Is there anything written about it somewhere in law?
Should I take possession of new flat and then file a case somehow and pray to God that I get some relief from consumer court?

Any help / guidance will be appreciated.


Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Denial of Penalty in case of change in Flat
« Reply #1 on: January 21, 2016, 11:35:43 AM »
Builders are bluff person. Delay in possession is itself a deficiency of service. There is no law in this regard but explained in the professional book of Consumer protection act. You can file case before consumer forum and surely you will get relief at early than civil court.

For further consultation in details, you can contact me

Amarnath Sanyal
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