You are not liable to pay any interest for delay in making payment if agreement signed by you does not mention it as mile stone payment 

You can make the payment under protest and later on sue the builder through consumer commission for unfair trade practice and recover the amount paid in excess along with compensation for mental agony and deficiency in service.

If you still want to proceed legally right away without making any payment now then you can issue a legal notice to show cause the builder to explain about the demands made in violation to contractual agreement.

What has been agreed in the registered agreement will need to be checked 

If payments are milestone linked then it's inconceivable that a lobby comes up first!

Lobby comes after all the slabs

I don't think the builder's contention is correct when he says that he can charge for any milestone randomly 

If above was to be ok then no use of having any milestone payment 

Milestone payment itself implies that a certain construction is complete for which the installment has become chargeable 

Further the milestone needs to be progressive. Meaning no installment can be charged for example for the 3rd floor slab without construction of Gr+ 2 slabs being complete in first place 

The builder has resorted to an unfair trade practice 

You need to complain to Maharera

- As per law, both the parties are bound with the agreement dully executed at the time of booking of the flat.

- Hence, the builder cannot ask for any payment against the norms of the agreement and specially for its mistake for delaying the project. 

- If the builder not handing over the flat within the stipulated period of time which is mentioned in the agreement then you can claim 10% deduction from the entire payment. 

- You can refuse to pay the interest as the builder is not complying the terms of the agreement to construct the project. 

When if the payment is inked to constructions then all previous milestones are to be certified to have been completed by the architect and then only the question of making the payment arises.

So refer the agreement carefully ot take help of an advocate to understand its interpretations properly.

Prima facie it looks like the demand of the builder is misdirected . 

Dear Sir/Madam,

Many of the builder adopt similar tricks for the extracting money from home buyers. Please go through the agreement to sale or builder buyer agreement, you may find an arbitration clause in that. Try to invoke the said clause and then make the builder to come to arbitration and then settle the accounts as per the law/reasonability. 

You can challenge this demand if the payment schedule is milestone-linked and follows RERA norms. The builder cannot unilaterally change the sequence.

Your legal options:

• Send a written objection citing the agreed schedule.

• File a complaint with RERA for arbitrary billing and illegal interest demand.

• Claim relief from interest charges as the demand was out of turn.

Attach your payment plan and correspondence as proof. Let me know if you need a draft complaint.

No he can’t suddenly change the terms without your consent. You can tile consumer complaint against him

Dear Client,

Under Section 13 of RERA, the builder is required to clearly define milestone-linked payment schedules in the agreement. He cannot demand payments prematurely, i.e., before the agreed stage of construction is reached.

Under Section 31 of RERA, buyers can lodge a complaint if the promoter deviates from the agreed payment schedule, including demanding out-of-turn payments or charging interest.

Courts have consistently ordered builders to refund payments received prematurely and compensate buyers with interest.

If the builder demands out-of-turn payments or charges interest for delayed payments, it may be considered an unfair trade practice under Section 2(47) of the Consumer Protection Act.

In addition to RERA, you may contact the Consumer Disputes Redressal Commission (District, State, or National) if the worth of your flat is above the given limit.

The common grounds for cancellation are: the builder has not properly performed the services i.e. “Deficiency in services” or has used unfair practices i.e. “Unfair Trade Practices” . Charging for things before you finish the job and claiming unfair interest can be regarded as unfair trading practices.

RERA has concurrent and additional remedies according to the ruling of the Supreme Court. Both alternatives give you the choice. In several cases, RERA’s procedures are quicker than those used by the law.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.