1) you are entitled to seek compensation for delay in delivery of possession by the builder .

2) since builder is charging you 18%interest if you delay making payment similarly he should also pay interest at 18%for delay in delivery of possession by one year

3) you can move consumer forum against the builder to direct builder to pay you interest / compensation for delay in delivery of possession .

4) further you can seek direction that builder shall hand over possession within stipulated period .

In one of the recent judgment Mrs. Veena Khanna of New Delhi Vs M/s. Ansal Properties and Adharshila Towers, New Delhi: Before National Consumer Disputes Redressal Commission, New Delhi:

Due to abnormal delay in handing over the possession of flat, the Complainant had demanded refund of the deposited amount with interest @ 18% which the Opposite party refused to pay. The State Commission, Delhi. directed the Opposite Party to refund the amount to the complainant with interest @ 13% p.a. from the date of deposit of the last installment till the date of payment of refund. In the alternative it also directed that if the Opposite Parties choose to handover the possession of the flat, the order of refund with interest will not come into operation. Complainant filed appeal the National Consumer Dispute Redressal Commission decided that the Complainant is required to be compensated for delay in construction of the flat and for not allotting the same to her.

Buyers can take recourse to Section 8 of the Maharashtra Ownership Flats Act, 1963, which makes a developer liable to refund the money obtained from a customer with 9 per cent interest if he is unable to justify non-completion of his project.

Judgement of consumer court for non registeration of flat by builder

Well, I have seen the 'Force Majeure' clause and I dot think any of it applies to you.

Even if any clause applies in this case then the onus is upon the builder to prove the same .

Hence you can claim damages, interest as well compensation out of default on the part of the builder to deliver possession in stipulated point of time by filing case in consumer forum.

In this case you indeed had no level playing field for proper negotiation and you had to sign the dotted line as provided by the builder.

In that event the Forum may ignore the 'Force Majeure' clause if the same is unjustified. There is dearth of such decisions of the supreme court which can be cited at the time final hearing.

When we plan to buy a flat /Villa from builder it is an important thing before paying any amount is scrutinizing the agreement for buying the property. If it with the help of a lawyer or a knowledgeable person, so that the builder does not include clauses that are to his advantage and your disadvantage. If it contains any such unacceptable clauses, please have them struck out or suitably modified before you sign the agreement. Do not make any payments unless this is done. Check whether the agreement contain all the costs and charges up front, details of actual measurable dimension of the flat, the dimension and specifications of the entire building, common amenities must be mention

Solution before you

You can claim damages and loss occurred due delayed delivery of the flat with interest as well compensation out of default on the part of the builder to deliver possession in stipulated point of time. Delay in handing over with respect to the date of handover mentioned in the agreement can be complained to the Consumer Court and you are likely to get some compensation.

1. The said Agreement is invaid since the builder was in a dominating position to incorporate the one sided clauses like the time of completion is restricted to the flats only and not the common area for which there is no completion period stipulated,

2. You can file a complaint case before the local District Consumer Dispute Redrssal Forum alleging deficiency in service and unfair trade practice claiming immediate possession of the flat, payment of amount equal to the probable rent of similar flat in identical locality, interest, damage anst cost,

3. Before filing the complaint case, send a legal notice to the builder.

1. The Greement is one sided,

2. One sided Interest can not be charged for delay,

3. File the complaint case before the Consumer Forum as suggested in my earlier post,

4. This is a good case to win.

1. You can file a case in the consumer forum to demand early possession with no escalation cost or the damages and compensation along with the interest on the money with total amount refunded. Both the options are open to you to avail.

2. You must note that courts do not enforce oral promises. As per your statement of facts, builder had promised the possession by December 2013, a promise he could not honour. When no time frame has been mentioned in the agreement the time frame should be reasonable. In your case the delay is unreasonable.

3. The agreement you entered into with the builder is one sided in as much as it speaks of interest in the event there is a delay in making payment by you, but it is silent on the liability of the builder if there is a delay on his side in giving the possession.

1. Issue a lawyer's notice to the builder.

2. If he does not comply with the notice then move to the consumer forum as suggested in my previous reply.

A. Breach of oral promise will be liable to pay damages under the doctrine of promissory estoppel. It is an unfair trade practice of the builder. You can issue a legal notice through your advocate in respect of delivery of the flat.

B. File a complaint before the consumer forum to give direction to the builder to complete the construction or claim damages and compensation for the delay of delivery of possession by submitting all material records.

C. The clause of "Force Majeure' i.e, act of god, not applicable in your case and this clause misused by the builder. If the builder willing to get protection under the same that the builder shall prove the same before the court.