No claim letter no bar to get compensation, TNRERA

CHENNAI: Tamil Nadu Real Estate Regulation Authority (TNRERA) has provided respite to home buyers, who were handed over a flat by a promoter with two years of delay and ordered the promoter to provide the compensation after calculating the flat cost and the additional expenditure incurred to flat buyers.

Home buyers Beena Pravin Rajan and Pravin Rajan booked a flat with VGN Property Developers Private Ltd in Thirumullaivoyal in 2017. According to a complaint to the authority, the promoter undertook to handover the constructed flat by December 2018 with a grace period of 3 months.

"However, the respondent (VGN Property Developers) completed the construction only in 2021. There was a delay of two years in handing over possession of the constructed flat. In spite of several requests, the respondent did not pay any compensation, " the complaint said.

On the other hand, the promoter submitted that the delay was due to non-availability of construction materials, sand scarcity and cyclones. They also cited COVID-19 as a reason for the delay.

"The complainants (home buyers) signed no claim letter in April 2021 and took possession of the residential unit. Compensation for the delay was already adjusted after signing a no claim letter. The complainants cannot claim any compensation as the same has been adjusted by the respondent company while handing over the said residential unit, " the promoter said.

Hearing the arguments, G Saravanan, adjudicating officer, observed that the respondents claimed to have adjusted the claim of compensation to the complainants, but no documents were produced to prove the same. "Considering all the circumstances, it is held that the complainants are entitled for compensation for the delay and other relief, " he observed.

The complainants also claimed compensation towards loss of payment of excess charges than the domestic rate towards electricity bill as the respondent could not avail completion certificate. The adjudicating officer ordered compensation with interest for the delay of 2 years and Rs. 37,800 that was paid as extra electricity charges.