TNRERA Disallows Compensation for Delayed Project Delivery
Chennai: In a significant ruling, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) has asserted that homebuyers are not entitled to compensation for delayed delivery if the agreement explicitly states otherwise.
Case Background
- A homebuyer had entered into an agreement with a builder without a comprehensive construction contract.
- The project's brochure specified that no interest or compensation would be paid in case of delays due to any reason.
- Despite agreeing to these terms, the buyer later applied for compensation citing delayed possession.
TNRERA's Verdict
- As per TNRERA's adjudicating officer, G. Saravanan, the buyer's claim for compensation lacks substance since they had initially accepted the terms.
- This ruling underscores the importance of carefully reviewing agreements before signing.
Separate Case: No Compensation for Lack of Car Parking Facility
- A housing project by the Indian Railway Welfare Organization in Chennai was completed in 2019, but without providing car parking facilities to all allottees.
- A leading member of the organization, who was also an allottee, sought compensation for the lack of open parking and delayed delivery of the apartment.
Developer's Response and TNRERA's Decision
- The developer attributed the delay to permits from local agencies, which were beyond their control.
- It was also clarified that car parking was optional and subject to land availability; no charges were levied for parking spaces.
- TNRERA, after hearing both parties, ruled that the allottee did not suffer any financial loss regarding car parking and thus, was not entitled to compensation for mental agony.