No compensation if agreement doesn’t provide for it: TNRERA


CHENNAI:  The Tamil Nadu Real Estate Regulatory Authority (TNRERA) said the home buyer would not be entitled to compensation after accepting the promoter terms and conditions that rule out for delay in delivery.

The case concerns a contract without a construction contract between the builder and the buyer of the house, and the brochure does not contain details about the reason for late possession of that apartment. The section in the brochure on construction delay states that if construction is delayed for any reason, no interest or compensation is paid.

Agreeing with terms, the prosecutor made an application for allotment of the dwelling unit. Consequently, the claim for compensation for the delay is not substantiated, said G. Saravanan, bailiff at TNRERA.

Possession without Car Parking

A housing project in the city was carried out by the non-profit organization i.e, Indian Railway Welfare Organization. 

The prosecutor, one of the leading members of the organization, demanded an allotment. Although the project launched in 2006, ownership given in 2019 without a car parking facility. The prosecutor requested compensation for the lack of open parking and delayed delivery of apartment.

Countering this, the developer denied all allegations, saying the delay was due to permits from local agencies. The permits from these local bodies or agencies were not in his control. According to the developer, the prosecution had no right to require open parking as it was optional and subject to the availability of land.

No Compensation-

TNRERA said- After hearing the views of both parties, TNRERA advised that no amount was charged for car parking space. The prosecutor also did not opt for an exclusive parking space either. In light of the circumstances, it cannot be said that the prosecutor had suffered any mental agony. Hence, the prosecutor was not entitled for any compensation.

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