DelhiScoop.com
HOME | TOURISM | INFO TECH | NEWS | REAL ESTATE | HEALTH | INFRASTRUCTURE | EDUCATION | CONTACT US - SANJAY @ 98 119 87371

Builders Should Compensate For Late Delivery Of Flats


By Mrs Gupta, Section Real Estate
Posted on Fri Nov 16, 2007 at 06:25:21 PM EST

Many property aspirers buy an under-construction flat for the convenience of slab-wise payment and lower rates. But is it such a good idea? A Mumbai consumer says her flat's possession has already been delayed by six months. Like her, scores go through the harrowing wait for possession when housing projects--even those of reputed builders--get delayed unexpectedly. To add to their woes, consumers complain that builders rarely offer compensation, leave alone actually doling it out.

Kirti Bhatt of Ahmedabad's Consumer Education & Research Centre, says: "In case of delay, the builder is liable to refund the amount paid with interest (for the period of delay) as there has been a breach of contract.'' Bhatt says Gujarat Ownership Flats' Act, 1973, for instance, mandates builders to mention the possession date in the agreement. "Default would attract penalty under both Consumer Protection Act and the Flat Act,'' says Bhatt. Some states have such acts in place to protect the common man, as "housing is a state subject''. Maharashtra has a similar regulation under Maharastra Ownership Flats' Act (MOFA), 1963, says Mumbai consumer activist Jehangir Gai.

Now, consider the financial implications of delayed possession. A Mumbai consumer who was promised his flat in June 2007 says, "My agreement document clearly says that in case I intend to return the flat over delayed possession, the builder will refund the original amount with 9% interest.'' However, he calls this an impractical solution. "Prices have more than doubled since we booked the flat, so giving it up for just 9% interest does not make sense.'' Besides, he says, the interest rate on borrowed money has seen a steep rise. During the unfortunate wait, buyers lose out in other ways too. One, if they don't own another property, they have to stay put in a rented place.

Clcik on "Full Story" for more...

Two, if they have secured a home loan for the flat, its repayment schedule is treated as pre-EMI (equated monthly instalment) till the buyer gets the property's possession. A buyer is entitled to tax rebate under sections 24 (b) and 80 (c) of the Income-Tax Act 1961, after securing possession of the property and thus commencement of EMI. Till then, he gets no tax relief on the pre-EMI.

Vinod Sampat, advocate and president at Cooperative Societies' Residents and Users Association, however, draws attention to a ruling that may lend hope to consumers. In May 2007, National Consumer Disputes Redressal Commission upheld a Goa State Redressal Commission order directing a real estate developer to give alternate premises of similar dimensions and in the same locality to the complainant (buyer). This, along with 18% interest per annum, on Rs 1,84,000 paid by him, from August 1991--the required possession date. Alternatively, the builder was asked to pay three times the purchase amount to the buyer--Rs 5,52,000--within 30 days of the order. Sampat adds, "Suppose I had booked a flat for Rs 20 lakh and now it's worth Rs 50 lakh, I'm eligible for the original flat or alternatively a similar flat in the neighbouring area, irrespective of price... When anyone approaches the court (for deficiency in service), its ruling is binding (on the builder).'' Sampat also advises filing of a criminal case against the builder for offences of nuisance and criminal breach of trust.

The reason builders are lackadaisical about compensation, say consumer groups, is because there is no real estate regulator yet. The only recourse available to consumers then, it appears, is approaching the courts. Bejon Misra of Delhi's Consumer Voice, however, says: "A consumer doesn't want to get into a legal tangle and just wants his flat in hand. Builders take advantage of this helplessness.'' Misra adds, "There is a great need for government regulations for builders in terms of both quality and good practices... Due to the strong influence of property developers within policymaking bodies, a regulator (for the sector) is not coming into force.'' Mofatraj Munot, former president at Maharashtra Chamber of Housing Industry, however, assures: "The Centre is trying to put in place a regulator. It is in the offing.''

Source-: The Times Of India, Dated, November-16-2007

< RMC Gems, newly launched Alexite? | State Lags On Highway Project, 14 feeder roads that will connect with NH 34 by mid 2009 >
Display: Sort:
Display: Sort:
Win A Jeans Twice a Week
&
Win A Kurta 7 Days A Week
MEMBERS AREA

Make a new account

Username:
Password:
 ACTION CENTER

Internet Services

Who's Online? (8)

. Unregistered Visitors (8)

Note: You may cloak yourself from appearing here in your Display Preferences.

Site Stats

No Access

Recent Comments

. GOOD ATTEMPT (khurshid anwar)

. Private investment is must for countries growth (khurshid anwar)

. comment (syeedunsyd)

. comment (syeedunsyd)

. Gift Tax (Mrs Gupta)

. DTDC (tanay253)

Recent Member Diaries


More Diaries...

Front Page

Monday December 1st
. Special Economic Zones (SEZs) Lose Sheen Amidst Credit Crisis (0 comments)
. West Bengal industrial growth rate higher than national average (0 comments)
. Realty Faces Reality, Here Is What Three Key Real Estate Consultants Said: (0 comments)
. Two New Research Wings At School of Tropical Medicine (STM) Soon (0 comments)

Sunday November 30th
. Land Acquisition Fears Hit Power Projects In Bengal (0 comments)
. EWDPL Eyes Cash Crunch-Hit Mall Projects, Who Are Unlikely To Finish Their Projects (0 comments)
. India's Property Market Continues To Weaken With Discounts Of Up To 50% (0 comments)

Saturday November 29th
. The ground reality (0 comments)

Friday November 28th
. Calcutta University (CU) Decides To Change Undergraduate Exam Pattern (0 comments)
. 'RadioCabs.in.' first portal where you can get any types of information related to Radio cabs (0 comments)

Thursday November 27th
. SEZ Applications To Go Online'www.sezindia.nic.in', Help The Developers To Apply In Tax Free Zones (0 comments)

Wednesday November 26th
. Govt To Set Up Land Bank To Woo IT Majors, Aime To Avoiding A Repeat Of The Land Crisis (0 comments)
. Ambani Institute Bill Passed After Debate (0 comments)
. A Flyover, A Railway Overbridge And A Service Road Are Part Of Rs 400cr Plan To Decongest Bypass (0 comments)
. Kolkata Metro To Get 7-km Extension with Dumdum To Dakhineshwar (0 comments)
. Railways plans ticketing system that doesn't trip on power (0 comments)

Tuesday November 25th
. Global Meltdown Cast A Shadow Over The State's First FDI Venture In Real Estate (0 comments)
. 26th North Bengal Book Fair To Begin On Wednesday At Kanchenjungha Mela Ground (0 comments)
. Bengal Engineering and Science University (Besu) Classes Next Week (0 comments)
. Makeover Drive On North Calcutta Streets, Starting With The Shyambazar Five-Point Crossing (0 comments)
. City Set To Get Its First Badminton Academy By January (0 comments)
. On the Net, confidential information is monitored everyday. how much of a factor is privacy? (0 comments)

Monday November 24th
. Reserve Bank of India (RBI) Told To Push Core Status For Special Economic Zones (SEZs) (0 comments)
. Home Buyers Worry About Job Security In The Current Economic Scenario, Say Experts (0 comments)
. Reduce Property Prices and Lower interest rates must for revival: DLF (0 comments)

Older Stories...


All trademarks and copyrights on this page are owned by their respective companies. Comments are owned by the Poster. The Rest (c) GurgaonSCOOP.com and QBTPL.
submit story | create account | faq | search