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Author Topic: Refund from the builder for delay in possesion  (Read 303 times)

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Offline buyerpune

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Refund from the builder for delay in possesion
« on: February 08, 2016, 05:57:24 AM »
Hello Experts,

I had booked a 2BHK apartment in Pune on 29th July 2014 from a reputed builder . This project was supposed to have 5 buildings of 12 floors with 6 flats on each floor plus one commercial building. The booking was open only for 2 buildings. They had promised to give possession by July 2014 and said the agreement will be made by in 2-3 weeks. However, they called me for agreement only in January 2013 , and it was done on 16th January 2013. They didn't give any copy of the agreement to read and got me sign on the agreement. the possession date was mentioned as March 2015. The commercial building (Shopping complex) was also changed to a residential building. I didn't have any option but to sign since the rates had already increased by Rs 400 psft by then.

Now they are changing the layout of the project and saying the remaining builldings will be of 19 floors.
The builder kept extending the possession date and saying the possession will be given in June 2016. However, he is not willing to give even this in writing. When I inquired about amenities promised in the agreement, they said only 30-40% of amenities will be given at the time of possession. Rest will be given when the entire project is finished which may take at least 4-6 years.

When I inquired from sales posing as a buyer, they said the possession will be given in December 2016.



The builder has mentioned in the agreement that if I make any delay in paying the demanded money , I will have to pay an interest of 18 %. However, on their part they are liable for only 9% with lots of clauses to save them.
I want o file a case in Consumer court against them for the delay in giving possession as well as changing the layout plan.

My questions are

1. Does it make a valid case against builder
2. If yes, how the interest amount will be calculated?
3. will I get it from the date of each installments?
4. Will I also get refund on the amount paid for stamp duty, VAT and service tax?

Offline adv.amarnath

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Re: Refund from the builder for delay in possesion
« Reply #1 on: February 08, 2016, 09:34:59 AM »
1) Yes,

2) You should not focus on the interest rather you have vast opportunity to get compensation, interest for delay in possession as well as litigation cost.

3) Interest are calculated by the Forum, you need not to focus on interest rather make your objective for getting possession.

4) If your agreement is registered then you can claim to get back the Stamp Duty, registration fee, service tax etc etc with interest.

For further consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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