Compensation under wb property law

Querist : Anonymous (Querist) 25 August 2011 This query is : Resolved
Dear Sir,

Pls let me know how much (min and max) compensation is allowed under the WB ownership Apartment Law from the Promoter to the Flat Owner if the project is delayed in completion and handover.This act is written in Agreement.Pls help

I have a flat in Rajarhat.Kolkata which was suppose to be handover in Sep 2010 but the promoter is now giving Sep 2012 deadline.Pls help.

Follow Query

Report Abuse

ashok kumar singh (Expert) 25 August 2011
you have to file a Consumer Case and to get relief.
about compensation, its vary case to case.

Raj Kumar Makkad (Expert) 25 August 2011
There is no settled provision of compensating maximum and minimum limit of compensation is such cases, however, you should claim maximum as per facts of the case.

Devajyoti Barman (Expert) 25 August 2011
The said Act is not much clear about the amount of compensation to be paid by the erring Promoter.
However there is a penal clause in the Agreement for Sale out of the delay caused by the Promoter then you could definitely ask for compensation under Specific Relief Act or under Consumer Protection Act but not under both the Acts simultaneously.

M/s. Y-not legal services (Expert) 26 August 2011
My advise also proceed under consumer protection act. Its will be better than proceed with specific performance. Because, if you filed suit under specific performance for compensation mean surely he will proceed the case before court of law. Its will take two or tired years minimum. Before that he will be ready to handed over the building. If he ready to comply the consideration mean suit will become as infractuas. So better you can go with consumer case.

M V Gupta (Expert) 29 August 2011
So far as damages are concerned, the same are determined by the court/Forum based on the circumstances of the case. The amounts paid to/deposited with the promoter, the circumstances which caused delay in completion of the project such as non awailabaility of building materials/strikes/civil commotions or any other facts which are beyiond the control of the promoter etc. U will be also entitled to claim damages for the mental agony suffered by you on account of non delivery of the falt in time and other hardships. Filing complaint in the consumer forum is better than filing a specific relief suit.

Querist : Anonymous (Querist) 30 August 2011
What is procedure and legal cost to fight at the consumer court.Pls suggest a good transparent helpful person in this regard at kolkata.
How much time does such cases take to solve.