Case regarding late possession and delay interest

Querist : Anonymous (Querist) 07 July 2022 This query is : Resolved
Hello,

I bought a property in Gurugram in April 2018 being the second allotter to this property. As per agreement it was mentioned that builder is supposed to deliver by 15 months and till June 2022 they have not delivered possession.
Recently got a letter from them asking to take the possession. As per law, they should be liable to pay me delay of possession interest/compensation but during the sale they got indemnity cum undertaking of the assignee signed by me which mentions that being the Assignee, I am not liable to claim any compensation for delay in handing over possession or rebate under a scheme and undertakes that asignee will not raise any claim whatsoever in this regard to the same from the Company for which the original applicant/allotee is entitled.

This undertaking has any value as per law? Can I still not claim delay interest of possession after this?

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Quick Summary

A property buyer is seeking advice regarding a significant delay in possession of their Gurugram property, which was due in 15 months but is still undelivered after several years. The buyer signed an indemnity cum undertaking at the time of sale, which appears to waive their right to claim compensation for delayed possession. They are asking if this undertaking is legally valid and if they can still pursue a claim for delay interest. Experts suggest that while the undertaking exists, it may be challenged, especially if obtained under duress, and advise consulting a lawyer to file a complaint with the District Consumer Disputes Redressal Commission or RERA.

Dr J C Vashista (Expert) 08 July 2022
Take possession without any inkling of doubt in the mind of builder qua penalty for delayed possession otherwise they will create lot may obstacles in handing /taking possession of your flat.

Of course an undertaking has a legal value when you invoke it through the process of law.

Approach a local lawyer for filing a complaint before District Consumer Disputes Redressal Commission or RERA to claim penalty on delayed possession in terms of agreement / policy on the subject.

kavksatyanarayana (Expert) 08 July 2022
Yes. Follow the advice of the above senior learned expert and if you have any problem, file a complaint in the DCF and RERA.

krishna mohan (Expert) 08 July 2022
Is title deed in your name with same terms? If yes you can insist for compensation. Else assess the compensation you intend to receive and expenses you have to incur for legal battle for right decision.

Advocate Bhartesh goyal (Expert) 08 July 2022
I agree with above experts. You should file complaint before District Consumer Commision for compensation towards delayed possession. Mention fact specifically in complaint that undertaking was obtained by builder with ulterior motive and undue pressure.

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