Possession

Jatin Singh (Querist) 28 May 2011 This query is : Resolved
My name is Jatin Singh and I live in Chandigarh. I had purchased a plot with Emmar Mgf in Mohali. The agreement had a penalty clause of Rs 50/- per sq yard for failure to deliver plot to purchaser whic was due in July 2010.However builder offered me a some what possesion arrangement by ltr however the property cannot be registered nor constructed and awaiting formailties till date ie May,2011.
Builder is Not ready to pay compensation of this penalty. Am I legally entitled to penalty as per agreement. Attached are the relevant docs.

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Raj Kumar Makkad (Expert) 28 May 2011
Yes. In the given facts, you are very well entitled for the grant of compensation as agreed till the actual delievery of possession. You may move to court for this purpose.

Guest (Expert) 28 May 2011
You have purchased a plot so in these situation you have to file suit for compensation and delivery of possession.You said builder failed to deliver plot to purchaser so ,you can also file consumer case"In case of delay, the builder is liable to refund the amount paid with interest (for the period of delay) as there has been a breach of contract." .

Read these link:
http://www.news24online.com/Builders-need-to-deliver-flats-in-time_News24_26451.aspx

http://www.unilawonline.com/articles/CONSUMER%20FORUM'S%20JURISDICTION.htm

M.Sheik Mohammed Ali (Expert) 28 May 2011
yes, i do agree expert query reply

Guest (Expert) 28 May 2011
it is better for you to file suit for damages and compensation and you can also file a suit for specific performance in this regard and you get both the things one the possession of the plot and also the compensation as per the terms and condition of the agreement

Guest (Expert) 02 June 2011
You can claim compensation as per agreement.

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