Section 9(2) in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
(2)If any promoter(a)executes such mortgage or creates such change without the prior consent of the person or persons as aforesaid after the agreement is registered under section 7, or(b)fails to give possession of a flat, duly completed, by the date specified in the agreement or by the further date agreed to by the parties, or(c)is unable, for reasons beyond his control or beyond the control of his agent, to give possession of the flat by the date specified in the agreement under section 7 or by the further date agreed to by the parties, and a period of three months thereafter, or a further period of three months if such reasons still exist, has elapsed,the promoter shall, without prejudice to any other remedies to which he may be liable under this Act or any other law for the time being in force, be liable on demand to refund [within a period of three months] [Inserted by Act 35 of 2002. w.e.f. 01.09.2003.] the amount already received by him in respect of such flat with simple interest at the current bank rate from the date of receipt of such amount till the date on which the amount and the interest thereon is refunded, and the amount and the interest shall, subject to any prior encumbrance, be a charge on the land and the building thereon, if any, to the extent of the amount due:Provided that(a)if the promoter wilfully delays the construction of the flat and does not complete the construction thereof within the period specified in the agreement under section 7 (hereinafter referred to as the specified period) and gives possession of the flat to the party after the expiry of the specified period, he shall pay compensation 2 which shall be adjusted against the price of the flat as such rate and] in such manner as may be prescribed, or(b)if the promoter delays the construction of the flat beyond the specified period without any prima facie reason therefor, and the party expresses its unwillingness to take possession of the flat as and when completed and claims refund of the advance payment or deposit, the promoter shall refund the advance payment or deposit and shall pay compensation 2[at the rate as may be prescribed, or](c)[ after completion of construction within the specified date, if any party is unable to pay consideration money to the promoter and does not take possession of the flat within a period of three months from the date of obtaining completion certificate from the authority who sanctioned the building plan, the promoter may demand compensation at such rate as may be prescribed.] [Inserted by Act 35 of 2002. w.e.f. 01.09.2003.]
