- Location : Vivekanada Puri, Delhi
- Relief Sought : Delay Penalty
- Amount Received From Builder : Rs. 4,27,376/-
Background
This case study revolves around Mamta Dewan, a tile manufacturer residing in Vivekanand Puri, Delhi-110007. Maxleben Advisory took over the case to provide the right legal advice to the client. Mamta Dewan had entered into a legal agreement with the promoter of the project, to purchase a residential unit. The case pertained to the delayed possession of the team and the subsequent settlement agreement between Mamta Dewan and promoter.
Legal Remedy
The settlement agreement, signed on 15th September 2022, was reached between Mamta Dewan, the client, and the promoter. The agreement resolved the case by addressing the issue of delayed possession and the imposition of a delay penalty. The settlement agreement included the following terms:
The settlement agreement stated that both parties agreed to settle the case by adjusting the delay penalty amount of Rs. 4,27,376/-. This amount was in accordance with the final demand dated 30th June 2021, which amounted to Rs. 4,27,376/-.The promoter/builder agreed to waive any transfer charges or other charges levied on the unit regarding its transfer to any third party. This meant the client would not be responsible for any additional costs of transferring the property.
Solution
The settlement agreement signed on 15th September 2022 was successfully resolved by Maxleben advisory where the case took a different turn and the promoter was bound to pay the compensation to the deceived party. The agreement addressed the issue of delayed possession and the imposition of a delay penalty. It also included provisions such as the waiver of transfer charges and the allotment of two additional parking spaces to compensate the client for the inconvenience caused.