BUILDER and the BUILDER, upon receipt of such
notice, shall immediately refund to the BUYER the full amount paid by
the BUYER to the BUILDER ... causes of the delay shown by the builder
claiming as Force Majeure:
(a) The builder claimed delay of 56 days, on account of labour
inspection
minor
delays were due to delayed demand letters or the builder's failure to timely credit
payments, which was acknowledged by the builder, including ... liable to pay 15% compound interest per annum for delayed instalments, the
builder limits its liability for delayed possession to a nominal
minor
delays were due to delayed demand letters or the builder's failure to timely credit
payments, which was acknowledged by the builder, including ... liable to pay 15% compound interest per annum for delayed instalments, the
builder limits its liability for delayed possession to a nominal
within the assured period and was not unreasonably delayed (reasonable delay here would connote such delay as a reasonable man of normal intelligence would ... contained in the agreement (clause 5.8).
As such the builder co.'s ground of delay in payment of any instalment/s on the part
WITH
IA/2269/2022, IA/1151/2023 (Condonation of delay,
Condonation of delay in filing the rejoinder)
Renuka Nair, R/o WT-06, 2102, Experion ... taxes paid, interest and penalty on delayed payments. In
case of any delay thereafter, the appellant builder is liable to pay interest
WITH
IA/2269/2022, IA/1151/2023 (Condonation of delay,
Condonation of delay in filing the rejoinder)
Renuka Nair, R/o WT-06, 2102, Experion ... taxes paid, interest and penalty on delayed payments. In
case of any delay thereafter, the appellant builder is liable to pay interest
such a belated stage.
The grounds urged by the Appellant – Builder for delay
in handing over possession were not justified, so as to
deny awarding ... taxes paid, interest and
penalty on delayed payments. In case of any delay
thereafter, the Appellant – Builder is liable to pay Interest
apartment is delayed, because of
such delay, and the
possession of the apartment is not delivered within the stipulated time, the
builder would be liable ... builder vis--vis other builders. Hence, the said contention cannot be accepted.
In any case, in the present case, the
builder is not entitled
interest @ 18%
PA compounded quarterly. On the other hand, any delay by the builder in
completion of the project only entails a penalty ... interest charges at 18% interest per annum
compounded quarterly. It the builder delayed the delivery it had to pay R55 per sq.
ft. per month
compensation for delay, it is submitted that in terms of clauses 11 and 43 of the agreement in case of any delay in handing over ... super area of the apartment per month for the period of such delay beyond 36 months. It shall be done only at the time