Dear Sir,
I have booked a flat in Dec'2011 in Bhopal. As per Allotment cum Acceptance letter flat should be handed over with in 18 months + grace period of 4 months ( total 22 Months). This period has ended on 30.11.213 but till date builder has not provided the possession to me and regularly given me assurance of a extended completion date. At the time of booking of flat, project was already delayed and possession of many flats was getting delayed. Thus it was not possible for the builder to complete my flat within time of 22 Months & he has made a false commitment with me.
As per another clause mentioned in Allotment cum Acceptance letter, for any delay beyond 22 months in possession, builder is liable to pay me Rs.2100 (@Rs.1.50 per sq Feet). This amount is very nominal. Thus builder is doing delay.
Builder has also Charged Rs.100000/- for stilt parking as per allotment letter which as per the decision of Supreme court is not legal
So please answer for my following queries:-
1. Can i file a suit in consumer forum to get additional compensation apart from Rs.2100/- because due to delay i am paying a Rent of Rs.8500/- per month and also bearing interest cost on a loan of Rs.20 Lacs @10.25%. If yes than should i wait till the possession or claim should be filled before possession?
2. Can i also go in consumer forum to refund the parking charges of Rs.1.00 Lacs which is illegal as per decision of supreme court.?
This position is same for all the flat owners of the colony.
Kindly advise
