Claim escalation cost for delayed project

Delay in civic and other permissions can't be considered force majeure. It is deficiency in service

Dattatray Wavhal had booked a flat at Chembur in Mumbai, by Srushtri Raj Enterprises. The agreed price of the flat with a carpet area of 540 square feet (sq. ft.) was Rs 34.61 lakh. Wavhal paid about Rs 17.30 lakh in installments, around half the property price, but the builder did not execute the agreement. The builder also failed to construct the building.

Wavhal approached the Consumers Welfare Association, which filed a complaint before the Maharashtra State Commission against the builder. The builder contested the complaint on technical and legal grounds. His stand was that the complaint was time barred, and