Buyer entitled to market value if flat is resold
Business Standard|December 23, 2024
Subhash Ramjang Chourasiya booked a flat in a building to be called Sai Palace, which was to be constructed by Sai Krupa Builders at Village Goddev in Mira Road (East), located in Maharashtra's Thane District.
JEHANGIR B GAI
Buyer entitled to market value if flat is resold

The building was later named Om Sai Palace.

An agreement was executed on August 2, 2007, which provided that Chaurasiya would be allotted flat number 602, having a built-up area of 625 sq ft, for a total consideration of ₹7.5 lakh. The space for mentioning the date of possession was deliberately left blank.

Chaurasiya paid ₹6 lakh in installments, about 75 per cent of the total consideration, and waited for about three years for possession. However, the builder failed to deliver the flat. Consequently, Chaurasiya filed a complaint before the Maharashtra State Commission against Sai Krupa Builders and its partner Vinay Dubey. In his complaint, Chaurasiya sought possession of the flat and interest for delay.

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