1)it is necessary to peruse agreement signed by you with builder to advice

2) if builder is charging you 18 percent for delayed payment he is also bound to pay you at same rate for delay in delivery of possession

3) one sided agreement would be set aside by court

4) interest for delay should be from date of signing of agreement which mentioned period within possession would be handed over

5) if your allotment letter mentioned period within possession would be handed over you can claim interest from said date

1.Any dispute between the buyer and the builder can aptly be settled by the consumer forum.

2. So you cane vent your grievance to the builder by taking all these point through an advocate's letter.

3. If your grievances are not met then file a case beofre the consumer forum seeking your relief , damags and compensation.

if you have any document signed by builder wherein he mentions possession would be delivered by june 2019 then you have good case on merits

2) it is unjustifed on part of builder to say that 48 months delivery period of possession would start from present date .

3) payment was collected by the builder in April 2014 .

4) you need a lawyer to draft complaint before consumer forum so that it can with stand legal scrutiny

5) you can appear before consumer forum on your own

6) cases before district con sumer forum takes around 2 years to be disposed of . it all depends upon backlog of cases

Builder now agrees to our demands but says as per BBA delay penalty will start 48mnths after execution of BBA but he is not considering last 3yrs & says that 48months will be from today .

I would like to mention that i have been making all payments & taxes all these years .

This BBA is one sided and you should discard the lopsided BBA, make changes and then if he agrees, you can go for signing it or you may follow the legal course on this.

The builder cannot impose his own rules and he cannot force the buyers to agree to his unlawful conditions.

You can issue legal notice also if the builder is trying to impose the same forcibly.

Pls suggest if we are contesting right matter & next steps , should we go to consumer court or other . I feel consumer court does not need a lawyer we can contest ourself . Also , suggest how time it may take in court to settle this matter

You first issue a legal notice to the builder and demand your rights in this.

If he is not agreeing to or not responding properly then drag him to the consumer forum.

You can file case in the consumer forum by yourself too.

Hello,

You should file a case in the consumer, yes you are right when you say that you can yourself contest a case in the consumer forum but also you have to file a case in a particular format which is usually drafted by a lawyer. And if you have booked a flat in Noida then as of now you will be governed by Consumer Protection Act because in UP committee for RERA has not been constituted till date; and usually consumer forum takes 1.5-2 years for deciding a matter.

Regards