Delay in possession of flat by builder
The builder klj(New Delhi) has delayed the project platinum plus(Faridabad, Haryana) in which I have booked a flat in April-2012. In the agreement the possession was to be given in 30 months from 31.01.11 with 6 months grace period for OC. Now I have got the letter for possession dtd 1.4.15 with offer for possession from 1.6.15(maintenance charges applied from.). Till date there is no delay in pmt from my side. Written to the builder for the compensation rs 5x1304x16mth as mentioned in agreement @5/- pm ps ft area(1304sqft).
No reply received from the builder. Had meetings with builder,s representative at it,s office twice. They were twisting the matter with delayed getting of OC and accepted delay of only 2-3 months(offering discount).
I have paid the full amount as was asked in the final balance payment demand letter as there was interest penalty of 18%. I have not accepted the 2-3 months delay as it was unfair as I have paid interest on home loan(23lacs) and rent which was additional financial burden on me due to the delay by the builder(KLJ developers p ltd)
How can I proceed further to get compensation for delayed possession. Still I have not signed undertaking for taking the possession of the flat as certain construction & finishing issues are pending by the builder, which was highlighted to the builder separately.
Asked 9 years ago in Property Law
Religion: Hindu
Can delay in getting OC by the builder superseeds agreement clause for offer for possession, in which it is clearly mentioned that if builder does not offer for possession within 30months +180days grace, it will pay delayed penalty @rs5 pm psqft area.
Asked 9 years ago