Delay in flat possession by builder

B D Sharma (Querist) 12 May 2016 This query is : Resolved
I booked a flat in Ghaziabad in Dec.'2012 and flat possession was promised in Sept.' 2013. But, the builder has not delivered flat against his offer for possession dated Feb.' 2015. I paid flat cost & service tax till March' 2015 except penal interest.

Due to delay in home loan disbursal by bank, I paid builder's installment dues at delay. The builder demands penal interest of Rs. 3 lakhs approx. but I can't pay this due to budget crises.

What I should do now? Please advise.

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Advocate Bhartesh goyal (Expert) 12 May 2016
You may approach District Consumer Forum for your grievances against builder and claim possession of flat and compensation towards delay ,mental and physical agony.

Rajendra K Goyal (Expert) 12 May 2016
File complaint with the district consumer forum.

B D Sharma (Querist) 13 May 2016
Thanks for your consult....

The Builder insists on penal interest @ 18% p.a. on delayed payments. He did not handover my flat even after various e-mails.

If I go in Consumer Forum, what I should claim from the builder ?

a. Can I claim refund with interest @ 18% on instalments paid ?

c. What compensation I should expect for mental agony and harassment ?

Please suggest.

Rajendra K Goyal (Expert) 13 May 2016
You can claim with compensation for mental agony etc.

B D Sharma (Querist) 13 May 2016

Is legal notice to builder is necessary before Consumer Forum help ?

Help me please.

T. Kalaiselvan, Advocate (Expert) 14 May 2016
Yes a legal notice to the builder should be served before going to consumer forum to give him an opportunity to comply with your demands. After that you can approach consumer forum for relief.