1) does your agreement contain clause that builder shall pay interest for delay in delivery of possession ?

2) you can seek interest for delay in delivery of possession as per clause in agreement

3) if there is no such clause in agreement you can file complaint before consumer forum and seek interest for delay in delivery of possession

1. You can file a complaint case before the local District Consumer Dispute Redressal Forum against the Vendor alleging deficiency in service and unfair business practice claiming rent for the delayed period of handing over the flat, praying for direction upon the Vendor to complete the project and handover possession of the said flat within next 6 months failing which to pay Rs.1 K per day towards penalty for not complying with the agreed terms, damage and cost.

2. In your case, the Forum will be at Barasat.

Delay in delivery of possession in a building is one of the most commonly faced and frustrating problems for a property buyer. As in any legal matter, you should posses evidence to prove your stand or allegation. Get all papers and documents ready—advertisement brochure, booking receipts with payment details, any letter sent by the developer, signed agreement, all payment details, emails exchanged, photographs collected, and others. Avoid verbal communication. Buyers should always send a legal notice before approaching any forum or court with their grievance. They should have taken objection with the builder against violations or illegal demands by sending a letter so that evidence can be created in their favour to be produced at the time of proceedings.

What remedies are available in case the builder delays the construction of the building?

1. You can ask for a refund. If the builder delays the completion of the construction beyond the stipulated time, you are entitled as a property buyer to seek a refund from the builder. Demand compensation from builders for construction delays

2. If you are buying the property for personal use, you can file a case in the consumer dispute redressal commission at all the three levels i.e the district , the state and the national commission depending on the value of the property or the amount of damage you have suffered. Any dispute over 20 lakhs can be directly filed before the State Commission and any dispute over 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than 20 lakhs has to be filed in the District Commission in your District.

you can file complaint before consumer forum and seek interest for delay in delivery of possession and damages and compensation from the builder

You issue a notice to the builder for paying penal interest for the period of delay beyond the stipulated period to handover possession.

If you do not want to cancel the booking, you may demand interest for the period of delay, if the builder is not responding or complying with the demand made, you may prefer a complaint with the consumer forum for releif and remedy.

1. Serve a lawyer's notice to the builder to demand the delivery of possession.

2. If he does not deliver the possession after receipt of notice from your lawyer then file a complaint case in the consumer forum to seek delivery of possession with compensation for delay. The delay by a builder in delivering the possession within the promised time constitutes deficiency in service.

1. Many projects in and around Rajarhat is besotted with the problem of delay in delivery which is mostly due to lack of buyers and hence paucity of funds.

2.This particular project is not the one one which is afflicted with this problem.

3. If you wish you have a remedy of good amount of damages and compensation along with penal interest for you money so far for which you will have to file a case before the consumer forum.

4. I have been dealing similar cases in that area and hence if you wish you can feel free to seek my assistance for this.

builder is bound to follow the terms of contract. if possession is delivered after the period mentioned in agreement then he is liable to pay interest from that day and also pay compensation for mental agony and expenses incurred by the buyer. if buyer is living in rental house then his rent [right from the mentioned period in the agreement] shall be calculated in expenses incurred by the buyer.

so you should file a case before the consumer forum for delivery of possession, loss incurred by you, interest on the amount already paid/emi from the delayed pariod, compensation for mental agony and cost of the litigation.