My flat is not ready for posession even due date.
I booked a flat in Kolkata in March’2011. As per my agreement, it was supposed to be completed by Sep’13 which is 2.5 years (including 6 months of grace period) from the time I booked the flat. There is a significant delay of the project and their intention is not very clear thru the communication which I have had with them. As per the agreement, they were supposed to complete within 2.5 years (including 6 months grace period), otherwise we are entitled a compensation
of 18% of the total fund we already paid. After asking for posession or compensation, Builder said that possession is delayed due to force-majure(as per article xiv) for which they need to talk to us in person but they would not give any compensation on any. It's been 2 year I am struggling in rented apartment because of my flat's possesion is delayed. PLEASE HELP!!
>>>>>>>>>>>>>>> below per agreement >>>>>>>>>>>>>>>
ARTICLE VII : COMPLETION AND POSSESSION :
7.1 The said unit shall be completed on or before ……………… subject to Force Majeure with a grace period of six months from the date thereof unless prevented by circumstances beyond the control of the developer (hereinafter referred to as the COMPLETION DATE) and possession shall be handed over to the purchaser within the completion date upon execution of the relevant Deed of Conveyance immediately thereafter by the developer in favour of the purchaser or as and when called for by the purchaser. It is made clear that the purchaser shall be solely liable for payment of any loss and damage that the developer as may be sustained or suffered by reason of failure on the part of the Purchaser in getting the said Deed of Conveyance executed and registered within the time if any fixed for such purpose by the relevant laws of the land prevailing or may be introduced hereinafter. However, if the developer fails to deliver possession the said unit on the completion date, the Purchaser would be entitled to a compensation @ 18% per annum on the amount of money already paid by the Purchaser.
ARTICLE – XIV: FORCE-MAJEURE:
16.1 None of the parties shall be regarded as in breach of any of the terms and conditions of this Agreement if any of the parties is prevented from performing or discharging its obligations in terms of this agreement because of circumstances beyond its control; such;
a) Fire or explosion
b) Earthquakes and lighting
c) Accumulation of rainwater and unforeseen weather condition
d) Owner’s company lock-out
e) Riots, civil disturbance, insurgency, enemy action or war:
f) Temporary or permanent, interruption in the supply or utilities serving the project in connection with the work;
g) Injunction or order of any Government, civil bodies, Panchyat, Municipality or any other authority or authorities.
h) Disturbance created by person claiming through the Owner/Vendor or the Purchaser.
i) Disturbance created by local problem.