Hi,as per the RERA provisions both the allotte and builder are entitled to pay a penalty of interest at a rate of 10.75 percent if they default on their part..

In the event of delay on part of builder in delivery of possession he is liable to pay interest at same rate which he recovered from flat purchasers for delay in making payment 

2) practice adopted by builder is not fair 

File complaint against builder before RERA and seek orders to direct builder to pay interest for delay in delivery of possession 

1.  You can try your luck by filing a grievance petition before the local consumer court, against the builder for possession delay (stating because of which you held back his payment).

2.  Builder can be made to pay compensation & damages for the delay in possession and for trade malpractice. 

both of you are liable for penalty according to your respective default. you are fairly liable to pay interest on defaulted payments and at the same footing the builder is also liable for penalty for delayed delivery. if your builder is not ready give any heed of your word, you must lodge a complainant  to the consumer forum for delayed delivery without paying the due amount. you should mention your payment and default in the complaint.

Hello,

If you are entitled or not can be ascertained only after perusing the agreement for sale.

Regards

See you can file a consumer complaint if you pay interest on late payment then builder need to pay penalty compensation for the delay in possession. In case the interest is not levied then builder can take ground of default in payment otherwise for delay he need to compensate you.

You can file a consumer complaint against the said builder for deficiency of service

You may issue a legal notice to the builder stating that since he is collecting the penal interest for delay in payments, he also has to pay for the delay in completion of the  construction and demand him to pay the same or else to face the case in this regard before consumer forum.

You can send a legal notice with the assistance of  an advocate in the local.

yes you can get legal help 

You may send a legal notice and ask him to adjust the penalty against the penalty that is required to be paid to you. 

Does the builder buyer agreement any where mentions that if you default in the payment then you shall not be liable to get the compensation for delayed possession ? 

Regards 

Builder also responsible to pay interest agasint late delivery. Complain to RERA. Even if you take possession by payign Interest, later through RERA and consumer court will compensate.

The builder must also compensate you for the delay occasioned in handing over the physical possession of your flat.

Thus rightly, the compensation which the liable to pay to you, must be adjusted against his final demand of Rs. 2 lacs

Fit case to be agitated before RERA. Having said that, you may also take your chance by issuing a legal notice to the builder and try and settle the matter out of Court.

Dear Client 

You should approach the Regulatory Authority/ Adjudicating Officer for settlement of this dispute with your builder and the complaint should be Filed Under section 31 of RERA act in the office of Regulatory Authority eatablished under RERA act. 

1. As per the information mentioned in the present query, makes it clear that the builder has told you about your mistake, but actually trying to cover his own fault in delaying the possession.
2. You should approach the RERA Tribunal, first file an online complaint and then wait for 15 days.
3. If no action then approach the RERA Tribunal, you will surely get the compensation for delay at his end though you as have agreed will have to pay the interest also (but, please calculate the same before giving).