Model flat and compensation for dealy of handing over flat
VIJI RAJENDRAN
(Querist) 15 June 2013
This query is : Resolved
Our flat was made a model flat without our NOC or even intimation. the place was made ready two yaers back and the flat is being given to us in the same way(same doors, fittings ,floor that were in this flat for 2 years) .
Further there is a dleay by 6 months in giving the flat , we were asked to pay interest for the one month delay we made in one of our paymenst and we paid all teh dues five months back itself, even when we asked for access for grahapravesam. Now after five months they are handing over with no compensation for delay , for which there is a nominal sum per sq ft is considered in a clause of the agreeement and they are not even being nice about it and insisting we take the apartmnet with the cleaned and painted condition fo the two year old flat , used as model apartment and its wear and tear.
Is this legal correct?
is there a law of some compensation to such use , delay can be insisted
Rajendra K Goyal
(Expert) 15 June 2013
You may send a notice for the shortcomings.
If remain unheard, file a complaint in Distt. Cons, Redressal forum.
Better take the possession, have grahpravesham without tension and later resort to dispute with the builder.
Raj Kumar Makkad
(Expert) 15 June 2013
You have every right to demand compensation for delayed possession and not making provision for white wash etc.
H.M.Patnaik
(Expert) 16 June 2013
In case there is no documentary evidence on hand to support your allegation that the apartment was used as a model flat for last two years,it will be difficult for you to prove the same. You have to refer to the agreement with the Builder wherein the clauses regarding timeline for delivery of property, penalty for delay and any loss of show of fixture & fittings due efflux of time.
It is better to consult an experienced local lawyer with available papers and facts to decide on the next course of action available to you.
