Compensation for possession delay
New Delhi: The apex consumer commission has directed prominent realty company Unitech Ltd to reimburse approximately Rs 14 lakh towards delay in possession. The customer – a Sanjay Goyal spent the same on rent due to the delay in possession date of the flat which he had bought. Over Rs 1.37 crore was paid by the customer in 2007.
The real estate company and its chief officials like the executive chairman and managing directors, were pulled up by the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC quoted “even after lapse of six years the flats are not ready” as the reason for questioning the realty major.
Unitech had received the entire price of the apartment at the time of execution of the agreement. According to the prevalent belief of the public, Unitech and its officials want to enjoy the benefits of both the worlds as the flats are not ready for possession even after a period of six years.
The bench under the guidance of Justice J M Malik has ordered Unitech to hand over the flat in one of its residential townships in Gurgaon to Mr. Goyal within six months. The bench quoted “they have to honour their commitment” as the reason behind their decision.
Furthermore, the bench also ruled that after the expiry of the period of six months, an additional amount of Rs. 25,000 per month for every additional month of delay in handing over possession. A compensation of Rs 50,000 was also awarded as compensation to Mr. Goyal.
Unitech was also directed by the NCDRC, to reimburse the rent of Rs 42,500 per month from October 2010 to August 2012 (amounting to Rs 9.35 lakh) and Rs 50,000 from September 2012 to May 2013 (amounting to Rs 4.5 lakh) which Mr. Goyal paid.
Additionally, the commission also asked the real estate major to pay the current rent of Rs 50,000 per month being paid by Goyal until the possession of the flat is handed over.
As per the complaint filed by Goyal, an amount of Rs 1,37,89,069 was allegedly paid by Goyal to Unitech for a flat in ‘Harmony’ at ‘Nirvana Country’ residential township in Sector 50, Gurgaon, Haryana in September of 2007. According to the buyers agreement, the possession of the unit was supposed to be handed over by September 2010.
Unitech initially offered Goyal, Rs 7.5 per square feet as holding charges for the delay in handing over possession or the refund of the entire amount paid by him with interest of 15 per cent. However, Goyal refused to settle. Unitech’s initial offer is comparably paltry.
Usually, clauses regarding compensation in case of delay in possession is included in the sales agreement. However, in India, majority of real estate builders tactfully avoid the inclusion of such clauses. It is the duty of the buyer to ensure that the sales agreement is adequately examined for such discrepencies.
Taking a turn for the better, in other related news the cabinet has approved the Real Estate Regulatory Bill. Hopefully once in its commencement stage, it would protect and support buyers and customers suffereing from possession delays.
Related Real Estate News:
Delayed handing of flat made builder pay!
Hand over flat or pay Rs 1 crore to buyer: Consumer Forum
delay in handing over possession, Gurgaon, holding charges, National Consumer Disputes Redressal Commission, Nirvana Country, property in Gurgaon, Real Estate regulatory bill, Unitech
