Santosh Kale (Accounts Executive) 23 February 2014

Delay of possesion of flat

Dear Members,

I have booked a flat on July 2011 & as per agreement, builder will give the possession on May 2013. But still I have not get the possession of flat due to under construction. As per demand letters, I have paid 85% amount of flat cost. Every month I am paying bank home loan interest of the amount paid to builder. And I am staying in rented house. Due to non possession of flat, I am suffering the said losses.

As per our Sale Agreement, clause of possession is mentioned as follows:-

"It is expressly agreed that the possession of the said flat will be endeavored to be handed over by the promoter to the purchaser by May 2013, provided the promoter has received full purchase consideration of the said premises and all other amounts payable by the purchaser to the promoter has received such amounts from other purchasers strictly as per time schedule and provided the construction by the promoter is not delayed on account of non-availability of steel and cement. subject to above, if the promoter for any other reasons is unable to give possession of the said premises by date stipulated hereinabove then the promoter agrees that the promoter shall be liable on demand by the purchaser to refund to the purchaser the amounts already received by them in respect of the said premises without interest as also without any deductions of any mount therefrom, after execution and registration of cancellation of the said agreement for sale. Till the entire amount as stated is refunded by the promoter to the purchaser, subject to prior encumbrances if any, such amount shall have charge on the said premises only, but not of the said property. it is agreed upon that refund of the said amount as stated hereinabove, the purchaser shall have no right, title, interest, claim, demand or dispute of any nature whatsover either against the promoter or against the said premises."

As per MOFA, 1963 & the above clause , can i demand to the bulder for compensation against my said losses till the possession of flat?

Please advice me.

Regards,

Santosh Kale

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3 Replies

nikhil singh (Advocate) 23 February 2014

This term of agreement clearly shows that it was drafted by the builders and you have just signed it. You people never understand the value of the agreement. Just to save money you didn't consulted with your lawyer. If you had consulted prior signing it then this term of the agreement may not be there in your agreement.

Anyways its not a big issue. Yes you always claim for compensation/damages/interest or for the rent paid by you. Not even that you can also claim for interest on the amount you claimed. But before taking any legal or correcsive step aganist builder its better to taken the possession and dont ever terminate the agreement.

Santosh Kale (Accounts Executive) 24 February 2014

Dear Nikhil Sir,

Thanks for your prompt reply & favourable advice.

I just want to know that can I send an email to builder regarding the confirmation of possession date & a request to refund for compensation.can it be worked for quick possession?

Please reply.

Thank you so much again.

Thanks & Regards,

Santosh Kale.

nikhil singh (Advocate) 24 February 2014

Hello Mr.Santosh Legal battle is just like playing chess.In chess you only win when you start observing the next move of your opponent. So my advice to you is that only request him for grating possession of flat. Don't ask him for any kind of compensation as if now. Once you get the possession after that also you can ask him for compensation. So keep your this move in reserve. Send him an email stating that how much under financial and mental stress your are in due to possession was not given to you. My email id is nikhil.singh46@gmail.com and telephone no is 9352444446. So send the copy of the email before sending it to builder.