Experts,
I booked a flat in greater noida in Nov, 2012. Possession date mentioned in builder-buyer agreement was Dec, 2015. Builder has now started offering possession after delay of more than 2 years. But before giving No Dues Certificate(required for execution of sublease deed) builder is asking buyer to sign an undertaking that buyer is fully satisfied with everything and buyer will not ask for any kind of compensation in future.
I want to sue builder for following things, but only after taking possession of my flat.
1. Compensation for delay in possession, even though builder is offering 5 sqft , that is too less if I compare against emi and rent I am paying. Also builder has stopped paying any delay penalty just by offering a letter of possession(final demand letter) but actual possession(handover of keys) will take good 6 months more.
2. Opportunity Cost
3. Change in layout without customer consent - Builder sold me flat by showing me an old layout and actual layout was approved at a later date. I don't have layout attached with my agreement but I have old catalogue as proof.
4. Park view charges - Builder charged me park facing charges, but there is no park in front of my unit and builder is not willing to refund/compensate for this.
5. Bay window was promised at the time of booking but there is no bay window in my flat.
6. Extra burden on buyer because of GST - builder is charged 18% GST on balance amount, had he given possession on time, buyers would not have to pay GST.
7. Not able to take benefits of income tax on home loan
8. I paid 1L for club charges, but club will still take 1-1.5 years to complete.
9. Project is completed partially, so many common facilities are yet to be completed like parks, fountains, club etc.
10. Exuberant charges e.g 25000/KVA + 18%GST for power backup, 10000/KVA + 18% GST for electric connection, 25000 + 18% GST for dual meter.
Now I have following queries
1. what are my options as a consumer provided I'll sign an undertaking that I'll not ask for compensation?
2. Is my decision of going legel after taking possession make sense?
3. Do I have a sound case against the builder?
4. which legel route shall I take to a swift grievance redressal?(state consumer forum, national consumer forum etc)
Thanks in advance for your patience and valuable time. Please guide me.
