Deepak Nigam
Asked May 05, 2017

Delay in allotment

  • 1 Answer
  • 460 Views

Hello Team, I booked a falt in SUPERTECH ECO VILLAGE -2 in MAY 2010. At that time we signed a BBA which was prepared by the Builder SUPERTECH. Acording to that BBA, the possession was supposed to be delivered in JUN 2012 but it was delayed due to farmers isssue in Greater Noida. Even after the resolution of this issue and they keep delaying the project. Now they are not providing delay penalty for the same. On enquiry, they have presented a new addendum letter which has not been agreed and do not have signature of any party (neither myself nor builder) Even they have change the payment plan in new addendum letter about which i was not aware and they are asking for the ineterst on the basis of new addendum letter. I beleive this letteris illegal because it has been prepared without my knowledge and my signature. Request to please have a look into this case and suggest next step of action. many thanks

Answer 1

Whether you will get any compensation or not depends upon your contract that you signed while booking the flat. If in that contract there is any provision regarding delay in handing possession due to some unforeseeable reasons such as that of farmer issue which occurred in Greater Noida which could not be controlled by the company alone or which did not result from company's policies solely then you might not get any penalty for delay or any interest. However in various cases builders were penalised for unnecessarily delaying the possession of flats to the buyers like recently, Unitech was penalised Rs 3 crore by the National Consumer Dispute Redressal Commission, for delay in giving possession of its flats. A few months ago, a developer in Mumbai was asked to compensate buyers for delay in possession.

You can also file a regular suit before a court of competent jurisdiction, for damages or specific performance, under the Indian Contract Act, 1872.  If there is fraud involved–for example, if the builder knew from the beginning that he would not be able to deliver possession within the stipulated time and by some misrepresentation, induced the purchaser to book the flat both civil and criminal proceedings can be initiated.

Coming on the addendum that they have introduced without your consent or even your knowledge, you need to again revisit the initial contract, if the initial contract contained any clause regarding increase in flat price as a result of increase in cost of material and labour in the meantime then your signature of previous contract will act as your implied consent to this addendum otherwise true to your belief this addendum is completely void and do not have any legal standing.

Agree Comment 0 Agrees over 3 years ago

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