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Claiming compensation from builder due to delayed delivery

  • Torts
  • Tanu Chatterjee
  • 5958
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Tanu Chatterjee
Tanu Chatterjee

Booked a flat in Dec 2012.

Delivery date was mentioned as end 2015 in email communications during negotiations

Paid all dues (upto 80% slab-wise) till 2015 on time. (Rest before registration)

On demanding compensation, builder revealed in Dec 2016 that a Sale Agreement has not been executed and hence I am not eligible.

Builder's excuse: I had not paid the Rs 3K to execute the sale agreement. Actual Facts: I did miss a page in the allocation letter where the builder had mentioned the Rs 3000. However, no reminders/demand letters from builder regarding the same. Additionally, emails from builder in response to my request for outstanding dues has no mention of that amount.

Builder finally delivered in 2017.

Questions: (1) Since the Sale Agreement was not executed on time, the proof for delivery date I have are email communication with Builder. Can I file a consumer complaint against builder?

(2) I usually visit India once a year. Will it be possible for me to pursue the case without me being there?

(3) How long does the process take? Do you have lawyers in Kolkata who can fight my case?

4 years agoReport

Replies

1. You can file a consumer case for the compensation against the builder.

2. You can file the case through General Power of Attorney. Your presence is not required.

3. The matter is already delay which calls for a condone delay petition. The time to complete the case is not fixed, it depends from case to case. We can get you lawyers in kolkata.

2 years agoReport

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