• Interest charged on delayed payment

Sir/ Madam
I bought a 3 bhk flat in 2016 and made the initial payments on schedule; with self funding- later had to resort to bank finance for which I needed the documents ( agreement etc ) from builder; which was delayed and not given till Mar’17 after repeated reminders; also there was a change in the ownership of project between partners.
Around the same time RERA was coined to be introduced and since I wanted my flat to be registered under RERA, thus waited for builder to give me the new draft as per RERA guidelines in Maharashtra; which happened somewhere in Aug’17; post which I applied for loan and cleared the dues of builder- some mail evidence is there to support my case.
Now the builder during final has levied high interest which am not willing to pay as it is an unfair demand.
Pl suggest the next course of action.

Thx
Kamal
Asked 8 months ago in Property Law from Thane, Maharashtra
Religion: Hindu

you can file a complaint with rera or consumer court for the same.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

You can file a consumer complaint to contest same illegal demand by builder as deficieny was on there part you can contest same.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

For any problem with the Builder you need to approach the consumer forum or consumer Commission which never be the jurisdiction according to the claims you have to complaint in the forum and provide all the documentation relating to your apartment and also request the form to pass the order in this regard otherwise you can lodge your complaint in rera and complaint against the Builder in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

1) file complaint against builder before RERA against high interest demanded by him 

 

2) take the plea that delay occurred as builder failed to hand over documents required for loan sanction .hence no interest is payable 

 

3) in alternative file complaint against builder before consumer forum 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

You can make payment under protest then file case 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

No question of payment of interest at high rate.

interest shall be payable at the rate prescribed by RERA authority. It is generally 2% above the MCLR. 

 

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

You can pay under protest and file suit later on.

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

You can do anyways.  But even without paying the car  claim possesion as urgent interim/ad interim relief

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

You can take possessiin and pay under protest and then proceed to claim them back.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

The builder has raised the unfair demand and if he takes the defense that it is his right as per Buyer agreement, he cannot raise such a demand. (There is a law that buyer agreement is not sacrosanct)

You can file the case and also file a consumer complaint against the builder. If he presses for the money and delays the possession on such ground, the same is illegal and you can raise this plea in the Court by which he will be liable to hand you over the possession as per orders of the Court.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

Consumers should be careful about the inference of "implied discharge". They should promptly record their protest, reserving their right to take recourse to legal action for the balance claim amount. Inform him before possession that payment made under protest. 

Than can seek legal remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

You give a reply in writing to the builder denying to pay the interest amount for the reasons you may rely upon.

If he's creating more problem then you may drag the builder to consumer forum for relief on the basis of documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

You can make the payment under protest, take possession of the property and then fight with builder through consumer forum.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Yes you can make the payment under protest then file the complaint case to regulatory authority under RERA act.

For refund of the interest amount with interest which was levied to you due to delay by builder for providing document for loan. 

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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