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Penalty on builder for late pocession

(Querist) 22 May 2015 This query is : Resolved 
WE THREE BROTHERS BOOKED 3 INDEPENDENT FLATS AT RAJ NAGAR EXTENSION IN 2011 AND PAID 95% ADVANCE FOR EACH FLAT APPROX RS. 25 LACS ON EACH FLAT HAS BEEN PAID. THUS ABOUT 75 LACS HAS BEEN PAID FOR ALL THREE FLATS.

POCESSION OF THE ONE FLAT WAS DUE IN JUNE 2012 AND FOR REMAINING TWO WAS IN JUNE 2013.

POCESSION OF ONE FLAT WHICH WAS DUE IN 2012 HAS GIVEN BY THE BUILDER IN DECEMBER 2014 AND CAHRGED PENALTY ON DELAY IN PAYMENT @ 18% AND HAS GIVEN PENALTY @5 PER SQ. FEET ON DELAY OF THE POCESSION OF THE FLAT WHICH IS MENTIONED IN THE AGREEMENT.

POCESSION OF ANOTHER TWO FLAT HAS NOT YET BEEN GIVEN BY THE BUILDER.

CAN I CHARGE PENALTY @ 18% ON DELAY OF THE POCESSION OF THE FLAT WHILE IN AGREEMTN/APPLICATION RS. 5 PER SQ FT IS MENTINED.

ON ANOTHER TWO FLATS CAN I FILE CONSUMER CONSUMER COMPLAINT AFTER TAKING THE POCESSION OR SHOULD I FILE THE COMPLAINT BEFORE TAKING THE POCESSION.
Jeetender Gupta (Expert) 23 May 2015
You can approach consumer protection & seek refund of money deposited with 18% interest. But technically cases should have been filed within 2 years of breach which means specific date of June 2015, 2 years from date on which possession committed as per agreement. You must hurry if you wish to pursue this remedy.
Dr J C Vashista (Expert) 23 May 2015
What are the terms and conditions in the agreement qua interest and penalty, show it to a local lawyer for proper opinion and advise.
malipeddi jaggarao (Expert) 23 May 2015
That all depends upon the terms of agreement. You cannot go beyond the terms. Read the terms carefully before reosrting any action.
Rajendra K Goyal (Expert) 23 May 2015
Terms of agreement has to be referred, consult local lawyer.
T. Kalaiselvan, Advocate (Expert) 26 May 2015
Advised well by experts, nothing more to add.


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