Bengaluru | 08 Feb, 2021 (7 months, 1 week ago)

Property Law

TamilNadu

I had purchased a flat on July 2018, As per Sale agreement the flat was suppose to be handed over by December 2019. Now the builder has taken extension for handover by six months from Karnataka RERA stating that less labor at construction site due to which they were not able to hand over the flat. Builder didn't take any consent from any of the buyers. Since the government has given another six month extension for all the property due to COVID situation builder said they would handover the property by December 2020. Now in Feb 2021 Builder has said to complete the NOC and take handover of the property without any compensation from builder side. When I said that you had delayed the handover and I need compensation as per what is mentioned in sale agreement. Builder say as per Sale agreement we abide the dates mentioned by RERA and also RERA has extended the date till Dec 2020. The Builder strongly says no compensation from their end and also if I have to terminate the agreement they would not allow because 95% of the amount has been already paid. Also they are requesting me to pay huge sum of money to terminate the agreement. I need expert advice on how to get the compensation from
Answers
08 Feb, 2021 | 09:29

You have two options depending upon your contract:
1. Refuse to take possession and file a consumer case to claim refund of your money plus compensation.
2. Accept possession and file a case regarding payment of compensation resulting from previous delay.


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