1. The act of the builder as alleged in your post amounts to unfair trade practice and deficiency of service.

2. On this ground you can file case in the consumer forum therefrom you can claim for damages and compensation and return of your penal amount which you have already given to the builder.

1. In Karnataka, normally penalty would be fixed Rs. 5 or 10 per sq. ft PM. Therefore, Kindly check your agreements or deed which is executed by the builder due to analyzing penalty clause with regard to delay of delivery of possession. In case, penalty not fixed by the builder.....

2. You can approach consumer forum to claim damages under deficiency in service

1)issue legal notice to builder .

2)move consumer forum against builder for deficiency in service and compensation for delay in delivery of flat .

3) also seek refund of penalty amount paid by you to the builder

1. Hope you have adequate documents/papers to prove your allegations,

2. If not, collect the same like brochure, assurance of the builder for early completion, Bank's refusal to pay instalment for non completion of phase work, builder's charging interest for the said delay etc.,

3. After collecting all the evidence, file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice followed by the builder claiming immediate possession & registration of the flat and rent for the delayed period, interest, damage & litigation cost,

4. Your other flat owners also can join you,

5. It is a very good case to win.

1) we have already advised you at length . issue legal notice and move consumer forum against the builder for deficiency in service .

2) the correspondence exchange with the builder , agreement signed by you has to be seen . contact a local lawyer

You can approach the Competition Commission of India if the builder is very big. They have the power to put stringent penalty on the builder for unfair trade practise. DLF was once penalised by the said commission. The Competition Act, 2002 was enacted to prevent practices having adverse effect on competition, to prohibit use of dominance and to protect the interests of the consumers. The allottee can file a complaint against the unfair practices of the builders before the Competition Commission of India which has been empowered to investigate anti competitive practices and impose stringent penalties on the offenders.

You can file a complaint before the consumer forum alleging deficiency of service. Or you can also file a suit for recovery before the civil Court. This option of recovery depends on the agreement to sell you have entered with the builder.

1. You have already been advised in details in my earlier post,

2. Please rub it off from your mind that the builedr is a big guy or similar thoughts,

3. All are governed by law including your said big builedr,

4. File the complaint case as suggested earlier immediately, either yourself or by joining hands with other such sufferers.

1. You are already advised on this account that you can file case before the consumer forum.

2. On completion of case you apart form getting possession would be awarded with handsome compensation.

3. The size of developer does not cause any difference in the merit of the case which is quite bright in your case.

It appears that the payment plan was linked with the casting of slabs and schedule of construction but the builder has raised demand without adhering to same. One remedy is that you firstt write to the builder asking for payments certificates issued by the Architects in favour of contractors. that will give you fair idea regarding progress of construction matching schedule and then file a consumer complaint. If the builder does not provide you with such details, still you can file consumer complaint and seek this information in the proceedings. Second remedy is by virtue of arbitration clause which usually is present in every such builders' agreement. Adk for the appointment of an arbitrator. Notwithstanding arbitration clause, you can file consumer complaint. My opinion is prefer consumer case than Arbitration. Court appointed arbitration is now expensive.