• Charging of interest by builder

I have brought flat in Lotus Boulevard, Noida.  I have been charged late payment interest, for a demand, which was raised during the period when the transfer process of the property (from previous allotee) to my name was under way.  I have full correspondence on this issue.
The builder has charged interest at exorbitant rate and refuses to correct it.
Is there anything I can do legally?
Please advise
Asked 2 years ago in Property Law from Delhi, Delhi
1. You are silent on the terms of the agreement which is key to proper resolution of this query.
2. i may state that both you and builder are bound by the terms of the sale agreement.
3. If the builder has gone beyond its terms you have rightful cause of action to bring appropriate proceeding before the Consumer Forum to claim the return of excess money and for damages as well.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
You and the builder will be bound by the terms & conditions of agreement. Have a look at the agreement and see if there is any deviation by the builder with reference to the terms of the agreement.  Since you have not given us the information regarding terms & conditions it would be difficult to give correct opinion. If you think, based on agreement, there has been an excess money paid by you to the builder, then claim the return of excess money and damages from the builder by filing a case before the Consumer Forum.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Dear Client,In that case its completely depend upon the builder-buyer agreement terms and conditions so firstly i want to see the agreement copy therafter i will try to elaborate properly if its not mentioned in agreement then you will have option to go Consumer Court against the builder for unfair trade practice.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
1. You have not provided with complete facts of the case,

2. You have bought the flat or executed an agreement for sale?

3. If you have executed an agreement for sale with the allotee, did you makie the builder a party in the said agreement?

4. If yes, then all of you shall have to abide by the terms & conditions mentioned in the said agreement for sale,

5. In case the builder  violates any terms mentioned in the said agreement for sale, then you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate possession and registration of the flat after collecting the amount agreed by all the parties, rent for the delay, damage & cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1) your query is silent on material facts . you have not reproduced terms of agreement regarding levy of interest . 

2) without going through terms of agreement entered into by you with allottee and builder we cannot advice . 


3) if interest is levied by builder contrary to agreement move consumer forum for necessary reliefs . you can claim refund of interest paid by you if any also compensation . 

4) best solution is pay interest under protest . take possession of flat then drag builder to consumer forum
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
In case the builder  violates any terms mentioned in the said agreement for sale, then you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate possession and registration of the flat after collecting the amount agreed by all the parties, rent for the delay, damage & cost.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
A. You can approach the Consumer Forum under unfair trade practice by way of deficiency in service subject to following breach viz.,

   1.  If  the builder received exorbitant interest from you against term and conditions which is mentioned in    
        the agreement

   2.  The Builder cannot refuse to correct the lacuna if the interest rate is differentiated while compare with   
        agreement    
         terms and conditions.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

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