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Reg denied delay of penelty payment by builder side

(Querist) 26 December 2011 This query is : Resolved 
SIR
I BOOKED A FLAT WITH PARAMOUNT BUILDER IN GHAZIABAD AS PER AGRIMENT BUILDER HAS TO DELIVER THE FLAT BY 30 APRIL 2011 OR WITH 3 MONTHS GRACE PERIOD i;e 30 july 2011 .
if builder doesnot give the possession then he will pay 5 rs per sq ft penalty per month . he paid august and september 2011's penalty now he is refussing to pay more penalty of the month of october november,december 2011 by saying this "i have give you offer of possession's letter in the month of 1st august 2011
but till today he just made registry of the flat but physical possession yet to be deliverd .
now my querry is this
IS BUILDER DENIED FOR PENALTY ON THE GROUND THAT HE HAS GIVEN OFFER OF POSSESSION'S LETTER ?
CAN I COMPLAINT AGAINST THE BUILDER IN CONSUMER FORUM COURT IN N0IDA BECAUSE HIS REGD OFFICE IN NOIDA?
OR WHAT STEPS I CAN TAKE AGAINST THE BUILDER?
PLS SUGGEST ME

THANKING YOU
SURENDER GUPTA
ajay sethi (Expert) 26 December 2011
if the builder has given you offer to take posession by letter in august 2011 what was your response?


have you sent any reply to said letter that although offer was made no posession has been given . ?

before proceedng to the consumer forum contact a local lawyer . the agreement entered inot , the various clauses of the agreement have to be conisdered before filing of any case .
prabhakar singh (Expert) 26 December 2011
I agree with Mr.Sethi.
Sankaranarayanan (Expert) 26 December 2011
If the letter was sent and accepted then u suppose to given reply if not no way to file suit against the builder at same time if u r not aware the leter then u can file and prove ur stand with necessery records .how many others r have problem like u and got dely possestion


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