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Now, builders must pay you for damages in Delhi

A trial court has said that buyers can claim damages from builders if the latter fails to hand over the property on time. 

NEW DELHI: In a significant order, a trial court has said that buyers can claim damages from builders if the latter fails to hand over the property on time.

Buyers can also seek compensation or sue the builders if what they get is different from what they were promised if sub-standard material was used as against "high-quality" material.

"A builder who delays the handing over of the building to the buyer after completing the same within time or fails to carry out the construction according to the agreed specifications, entitles the buyer/ purchaser/ occupants to claim damages for any financial loss or physical inconvenience suffered by them on account of the same for which the builder can be made liable," additional district judge Kamini Lau said.

This order is likely to give fillip to buyers as there have been increasing incidences of delayed possession.

The court made these observations while deciding a 35-year-old civil suit filed by Dalmiya Cement (plaintiff) against Hansalya properties and three of its partners (all defendants).

Dalmiya Cement had claimed damages of over Rs 9 lakh on several grounds, such as delay of four years in possession of property. The plaintiff also sought compensation on account of the builder's failure to equip the building with adequate electricity supply, including a stand-by generator, and their inability to provide at least four lifts.

Dalmiya Cement alleged that the defendants were supposed to start the construction of Hansalya building at Barakhamba road in 1971 and were to give possession of the 11th and 12th floor to it in 1973. However, the plaintiff got the property only in 1977, the suit said. The judge, however, said that the plaintiff failed to provide any evidence to substantiate its allegations.

"The plaintiff has ... failed to bring on record any cogent evidence to establish the claims. They have also failed to bring on record any material to prove that the delay was unjustified and unavoidable. This was ... necessary because according to the defendant, the delay, if any, was due to non-availability of the required quantity of cement ...," the judge said.

However, the court directed Hansalya properties to pay the plaintiff the transfer fees of Rs 12,000, the amount the former had charged when the latter bought its property, saying there was no law under which transfer fees can be charged.


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Realty Trends

Home prices near most-affordable levels in over 30 years: HDFC

Home prices may have been on an upward spiral for many years, but the cost of owning a house in India remains near the most affordable level in over three decades, shows data compiled by mortgage giant HDFC Ltd.

The average price of a home, purchased with a housing loan, rose to over Rs. 45 lakh in the 2012-13 fiscal year -- marking the fourth consecutive year of uptrend from about Rs. 25 lakh in the year 2008-09, HDFC has said in a presentation.

However, factors like an even greater surge in the personal income levels, tax incentives and lower interest rates, have resulted into houses becoming more affordable to purchase, it said.



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India Property Investment Gyan

Major schemes for affordable housing to be modified: Girija Vyas

NEW DELHI: Major schemes meant for providing affordable housing to urban poor will soon be modified to make them more people-friendly, the government said today and invited the private sector to contribute more actively in this area. 

Speaking to reporters here, Housing and Urban Poverty Alleviation (HUPA) ministerGirija Vyas today said her ministry is modifying all the major schemes including the Rajiv Awas Yojana (RAY), Rajiv Rinn Yojana and the, Affordable Housing in Partnership scheme and added enormous budgetary support has been earmarked during the current plan period. 

Secretary HUPA Arun Kumar Misra told reporters that a fund of Rs 35,000 crore had been allocated to the ministry for the implementation of three major schemes, including RAY, which was being run in as a pilot project earlier under 12th five- year plan. 

He said the ministry would require approval from the cabinet for the implementation of these schemes and efforts would be made that through these funds 2 million affordable houses are encouraged. 

He said that in addition to the central government funds, banks and credit institutions would be providing funds for construction of affordable houses. 

Vyas said that with urbanisation, the number of urban homeless and area under slums had grown. 

Vyas said there was a need for private developers to develop economic models to foster affordable housing for economically weaker sections and lower income group households in urban areas as government efforts in this direction needed to be supplemented. 

Vyas also said a technical group, set up by her ministry, had shown that out of 18.78 million housing shortage in the country, 96 percent shortage is in EWS and LIG category and for this huge investments and private sector participation were required. 

Misra said the group set up by the ministry has suggested incentives for the affordable housing sector included concessions to development-related charges and service taxexemptions. 

It also sought direct tax rebates for affordable housing projects and inclusion of the sector in the 'infrastructure facility' he said and added the task force had felt that governments need to still provide direct capital grant support to affordable housing projects. 

Misra said that in the symposium held today where states, experts and private sector representatives were present, there was unanimity on many of the suggestions.

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Green Property- Eco Homes

Reclaim your city space: Projects in Delhi, Mumbai and Kolkata aim to transform lives

Three projects in three cities aim to transform the lives of people who live close by. The one in Mumbai hopes to transform a congested area into a green precinct; the one in Delhi converted an open drain into a walkway, while Kolkata hopes to bring the crowds back...