Legal Question in Consumer Law in India

Hi I was booked my flat on Oct'2009 and done the registered on Oct'2010.

However the date of possession is mentioned Dec'2011 as per the sales deed. Now after waiting for over more than 3 years they have completed the construction work of few apartments (part of whole society). When we clear all remaining installments and payments related to service taxes and all they are asking for penal interest levied right from the date of booking to till date.

Apart of this they are putting unconditional demand of signing a supplementary agreement which states that we the customer having no objection with the delay in construction and agreed on the new date of possession which is Jan'2013 earlier was Dec'2010.

Please advise me to how should I handle the situation.


Asked on 3/06/13, 7:27 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.03.2013

Dear Sir / Madam,

The Builder is supposed to compensate the purchaser for delay in completion of the construction and handing over the possession of the flat. Surprisingly, in your case the Builder is asking for penal interest which is absolutely wrong and unjustified.

If you sign the supplementary agreement stating your no-objection to the delay, you will lose your rights to gain compensation for the delay in the completion of the construction by the Builder. It is in your interest not to sign the supplementary agreement and press for immediate possession of the flat.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/07/13, 4:44 am


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