Section 11 in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Rules, 1995
11. Procedure for compensation in case of failure of the promoter to give possession.
The extent of compensation to be claimed by the applicant shall be as per section 9 of the Act and he shall apply to the authorised officer by an application containing all particulars and papers in respect of advance paid to the promoter with date and the terms of agreement and the period of blocking. The amount of compensation as claimed by the applicant shall be examined by the authorised officer. On his being satisfied, an order shall be issued to the promoter concerned for adjustment of the said amount against the value of the respective flat for the purchase of which the applicant entered into an agreement with the promoter. The order shall be binding on the promoter and, in the case of defiance, it shall be an offence punishable under section 13 of the Act.
