A builder promised an 18-floor apartment complex in India. Three months before completion, they suddenly announced a 22-floor building, delaying the project by 18 months. The buyer’s registration costs skyrocketed due to the changes. The agreement included a clause allowing the builder to decrease the undivided land share at their discretion. The delay was blamed on sand shortages, and the builder refused to compensate for the 4 additional floors, offering only 3 rupees per square foot for 9 months of the delay. To accommodate the extra 4 floors, they also reduced amenities like open space, replacing it with car parking for the additional 72 apartments. Can a buyer seek increased compensation in consumer court to cover these additional costs?
Best Answer
Yes, the buyer can seek increased compensation in consumer court. The builder’s unilateral changes, exceeding the agreement’s scope, causing financial burden and amenity reduction, violate consumer rights. The court can consider the increased registration costs, delay impact, and amenity reduction, determining fair compensation.
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