Please give me Consultancy regarding big Delay in Possession offer by the Builder. The brief version of the matter is as follows: I purchased a flat no. C-403 in Princess Park Housing project, Sector-86,Faridabad,Haryana from the builder ‘BPTP Limited’. I purchased this flat as second buyer on 26-9-2007 from first Buyer Mr. Prabhjot Singh Ahuja. This flat was booked by first buyer on [deleted] and it was allotted to first Buyer on [deleted]. Though I did not get the possession letter from builder but as per builder it was offered on [deleted] though actually it was given in Nov. 2013 when I enquired from many other purchasers. The builder ‘BPTP Limited’ where I purchased the flat ,delayed the project beyond the maximum given time of 3.5 years for possession which included additional 6 months grace period though actual time given was only 3 years. The builder ‘BPTP Limited’ delayed the project 2.75 years as per its own data while actually this project was delayed by more than 4 years. Even when the possession was offered , the builder increased the price in a big way from Rs. 2567655 to Rs.3030740.91.Builder even did not offer the compensation as per the Tripartite agreement though it was very less compared to what it was charging for its own payment delay. In this situation I could not take possession. The Builder is charging 15% compound interest rate for delayed payment as can be seen in the documents sent by it. This condition is mentioned in the Tripartite agreement document too My queries are if I do not take the possession then………. 1.May I get the same interest rate 15% for delayed period as the builder is claiming on its little amount for delay along with some Mental Harassment and legal fee compensation ? 2.From when and till when I may get all above compensations based on the facts of this case?
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You can claim same interest charges by builder
2) builder cannot increase sale price arbitrarily
3) file complaint against builder before consumer forum and seek orders to direct builder to pay yiu compensation for mental torture undergone by you and also claim litigation costs
1. See you can file conservative complaint for same though it will not grant such high rate of interest though if your raise issue of builder charging interest it may be waived of and settled.
2. You may get compensation for delayed period after promised and grace period.
1. Yes, As per law, a builder will have to pay 10% interest on the value of the property for delayed possession.
- Since, the builder is charging 15% compound interest rate for delayed payment , hence the same percentage will applicable for delayed possession as well , and further after filing complaint before the appropriate tribunal , the buyer can get also compensation for mental harassment , and refund of legal fee as well.
- If, builder refused to pay the same, then you should send a demand notice after mentioning that due to delay in possession, you have suffered mental agony and harassment , and thereby the builder is bound to pay the compensation for the same , along with interest @ 15 percent.
- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time , then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.
- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.
2. After a grace period of 6 months from the agreed date of delivery by the builder at the time of booking, the builder is bound to compensate.
If the builder is not responding to the demands made by you in this regard in writing then you may drag the builder seeking compensation for delay in handing overt possession to RERA.
If you feel that the RERA is also not effective or you may not get proper justice then you may approach consumer forum with your complaint containing the grievances seeking relief and remedy for this.
1. Yes he needs to provide if he is charging the same from members. From date or order ots given in most of the cases
purchased this flat as second buyer on 26-9-2007 ? Are u right on your facts ?
Price of flat cannot be increase. Builder delayed the possession not you and builder is liable to compensate on same rate rate, penalty would have imposed on you in case of delay in payment.
Possession delayed a lot, you are entitle to full refund with interest. + compensation through consumer court.
Can also complain to RERA.
As per RERA act, refund within 45 days. Consumer case takes time.
You can file consumer complaint against the builder on the grounds of deficiency in service.
1. Yes you are entitled to get same interest rate for delay in possession by builder.
2. From the date when delay started upto date when the possession was offered by builder.
