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Builder Liability For Delayed Possession Of Flats by kamal bhatt





Article Author Biography
Builder Liability For Delayed Possession Of Flats by
Article Posted: 11/20/2012
Article Views: 63
Articles Written: 145
Word Count: 495
Article Votes: 0
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Builder Liability For Delayed Possession Of Flats


 
Business,Investment,Real Estate
If you too have been delayed possession of the residential apartment or any other piece of real-estate which was supposed to be constructed and sold to you by the builder, you would find it a very helpless situation. This is particularly so when you do not know that the law favours the consumers in this respect. It is the ignorance of law, the careless and rather bullying actions of the builder and the fear that builder might deny you possession of flat which prevent the consumers from taking suitable action. But, the consumer needs to be aware of the following established remedies:

Mediation or Arbitration Centres: These are extra-judicial methods of seeking the remedies and involve hearings in front of an appointed authority to seek a just and reasonable solution to the problem. States like Delhi have the Mediation Centres for these types of complaints from consumers related to not providing the possession.

Consumer courts: Consumer courts are entitled to hear the complaints pertaining to denial of service to the consumers. As per the established law, not giving the possession on time leads to denial of service to the customers and this can be duly challenged in the consumer courts.

It is well established that in case of denial of possession in the stipulated time period, the builder is liable to pay the sum back along with the penal interest if the buyers do not want to take the possession. At the same time, it is also established that the compensation awarded shall be such so as to bring about the qualitative change of attitude of service providers and the manufacturers towards the consumers. So, the final compensation can get higher if the court feels that it will be able to bring this change in attitude.

Further, the courts also look into the age of the aggrieved person and the compensation amounts can alter on that score as well.

Another important aspect of the law is that the consumers can seek compensation for delayed possession even after they have taken the possession. The contention of the builders that the compensation application is untenable on the ground that possession has already been given is not accepted by the courts.

The effect of this course of law towards the delayed possession is that the builders have begun to take their possession commitments seriously and try to handover possession with phased development and completion of their projects such as at Ansal Crown Heights Faridabad. The project planning of real estate projects such as at Ansal Crown Heights is strong enough to prevent inordinate delays and poor quality construction and, hence, prevent occurrence of customer grievances since it is damaging to the reputation and long term business prospects of the builders.

Kamal bhatt ia a writer who frequently writes about neharpar faridabad property like Ansal crown heights Faridabad, Ansal crown heights & Ansal crown heights price list.

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