• Builder Agreement clauses that are impartial to the consumer

I've booked a flat in Gurgaon, the delivery which as promised within 36 months (i.e first qtr of 2014); Howver, now the builder (of repute) is claiming to start delivering in a phased manner from qtr 1 of 2015. As per their agreement they have assured a payment of 7 INR per SFT every month for late delivery

My issue, is that some instances in the past,  my payment got delayed and they had charged me on daily interest basis an exorbitant amount. In fact, the bulk of my late fee pertains to 1 payment that was delayed, because they had been sending intimation to a wrong address (which they wrongly entered in their database). I had contested this, but they were firm that the mistake was from my end and hence I need to pay the same.

My query is, how can an agreement be partial for similar instance - late payment/delivery. Can I contest it in the court of law, telling that the buyer agreement is biased towards one party

Look forward for your suggestions
Asked 4 years ago in Civil Law from Bangalore, Karnataka
1) you can  contest the interest charged by the builder . it is necessary to go through the agreement entered into with the builder to advice . 

2) if you have in writing informed the builder that address mentioned in database is wrong and inspite of that builder is charging you interest you can refuse to pay the interest demanded by the builder
Ajay Sethi
Advocate, Mumbai
44479 Answers
2585 Consultations

5.0 on 5.0

If you are so sure that the address mentioned in database of the builder is wrong and for that reason you were not reachable, then you could have refused to pay the interest, since it was not your fault. Regarding the exhorbitant interest charged by the builder for late payment from your side vs. late delivery of the flat by the builder, it is better to go through the agreement to get a correct opinion.
Shashidhar S. Sastry
Advocate, Bangalore
1622 Answers
107 Consultations

5.0 on 5.0

1. Were payment of the instalments by you dependent on receiving intimations from the builder as per the agreement you entered in to with the builder or the step of sending intimation for payment was voluntary on the part of the builder?

2. If it was not a condition that you will pay on receipt of the intimations only, then you can not agitate for not receiving the intimation,

3. If it was conditional & if you have evidence that you had sent the builder your address in writing & it was the builder's mistake to enter wrong address in its database, then you can file a consumer case against the builder alleging deficiency in service and unfair business practice duly praying for appropriate relief.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

Dear Client,In taht situation you should file a compalint against Builder for unfair trade practise and negligence of service in front of Consumer Court and secondly if you have builder buyer agreement and that agreement have clause where stated about the interest ten your case will too strong also and also issue a legal notice to builder.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultation

4.6 on 5.0

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