My builder promised me possession of my flat in Bangalore in July 2014, but now they’re saying it’ll be April 2015. This is a delay of almost a year! The problem is, I didn’t include a penalty clause for late possession in the agreement. Can I still ask for some compensation for this delay, even without a clause? Is this something I’m legally entitled to?
Best Answer
While you didn’t include a penalty clause, under Indian law, you can still seek compensation for the delay. You can argue that the builder’s failure to deliver possession on time caused you financial losses and inconveniences, and demand compensation based on these losses. However, proving these losses and their direct link to the delay will be crucial to your case.
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