The deadlines for the construction of apartment buildings violated often. However, not everyone knows that regardless of the reasons of violation of terms, all overdue days has a penalty. Along with this, kompensiruet moral harm, the penalty is imposed if the penalty is not paid voluntarily.
In June of 2018, to me, as a civil litigator specializing in defending the interests of the shareholders, for legal assistance gr-ka..
22 August 2016 it with "Amatol" signed a contract of participation in share building of No. 14-458 apartment No. 458, korp.14, cadastral number of the land plot 50:21:0080105:215, g. Vidnoe, Moscow region.
In accordance with the agreement value of the flat – 2 865 450 rubles, doveritelnyi paid in full.
The contract period of delivery of the apartment – not later than 30 June 2017. But at the time of her treatment to me the construction was not yet finished.
The claim about payment of the penalty from the company "Amatel" no reply received.
I had prepared the claim with the calculation of the amount of the penalty, demanding compensation for moral damages, payment of my services, of the penalty.
Your requirements I supported in court. Referring to the law on consumer protection, on participation in shared construction of housing. In explanation of the Supreme Court on these issues.
Basically the court agreed with my calculations and decided in favor of doveritelnyi.
17 July 2018, the Vidnoe city court of the Moscow region examined the case No. 02-3627/S. 2018 at the suit of OOO "Amatol" passed the decision on collecting from the defendant to the plaintiff liquidated damages in the amount of 270 000 RUB., penalty – 67 500 rbl., compensation for moral damages and the costs of my services.
Remember that in case of violation of terms of delivery of housing, you, the shareholders, the law provides a significant amount of a penalty and compensation for damage. To recover them, the most good for you will help an experienced attorney or lawyer in civil cases, specializing in the protection of rights of investors.