LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am the mem­ber of an as­so­ci­a­tion of flat own­ers. We had booked our re­spec­tive flats in a pro­ject in Gur­gaon be­ing de­vel­oped by a prom­i­nent builder. The flat buy­ers’ agree­ment ex­e­cuted with us en­sured that we would re­ceive pos­ses­sion within 24 months. How­ever, 36 months have passed and the con­struc­tion is nowhere near com­ple­tion. We have paid ap­prox­i­mately 85% to 90% of the con­sid­er­a­tion. How should we pro­ceed?

— Sid­dharth Goel You may seek com­pen­sa­tion for the pe­riod of de­lay in pos­ses­sion to­gether with in­ter­est on the same from the builder. Al­ter­na­tively, you may seek re­fund of your con­sid­er­a­tion along with in­ter­est.

I live in a rented ac­com­mo­da­tion in Delhi. The house is in need of ma­jor plumb­ing re­pairs. De­spite re­peated re­quests, the land­lord has failed to get the re­pairs done. What should I do?

— Shekhar Ku­mar The main­te­nance and re­pairs of rented ac­com­mo­da­tion de­pend on the terms of the lease be­tween the land­lord and you. If, as per your lease terms, main­te­nance is the re­spon­si­bil­ity of the land­lord, you may get the re­pair work done on your own and deduct the cost in­curred from the rent amount.

It has been five months since I shifted to a new flat. At the time of the ini­tial book­ing, the flat was under con­struc­tion. Re­cently, I no­ticed that there are var­i­ous cracks in the ceil­ing of the flat, which were not vis­i­ble at the time of tak­ing pos­ses­sion. Can I ask the developer to rec­tify the ceil­ing?

—Rahul Khanna Usu­ally the buyer’s agree­ment ex­e­cuted with the developer for pur­chase of a flat men­tions the time pe­riod dur­ing which the pur­chaser may approach the developer for rec­ti­fi­ca­tion and re­pair of de­fects/de­fi­cien­cies in the flat. Hence, if a such time pe­riod has not ex­pired as per your agree­ment, you can approach the developer and ask him to rec­tify the cracks in your ceil­ing.

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