Pay the amount demanded by builder under protest 

take possession of flat 

then file case against builder and seek interest for delay in delivery of possession and refund of excess amount paid by you 

• • Only email the builder. Ask for OC/CC, breakup for ₹5L interest, basis for farmer comp/extra super-area, and a corrected demand.

  • Take keys only with OC/CC.

  • Pay only undisputed dues. If you must pay disputed sums, write: “Paid without prejudice and under protest.”

  • File UP-RERA: ask for no cancellation, possession on undisputed dues, delay-interest/set-off, removal/refund of add-ons, costs.

  • Backup: file in Consumer Commission for deficiency/compensation.

  • Keep records: BBA, demands, receipts, emails, bank payment statement.

   

This situation involves repeated project delays by the builder, unjust interest charges, and threats of cancellation despite you having paid 100% of the agreed flat price except the disputed additions. The builder’s intimidation tactics, including reference to lost cases and refusal to provide interest calculations, indicate bad faith and potential violation of RERA and Consumer Protection laws in India.

You have strong remedies available:

• A formal legal notice may be served, demanding immediate possession of the flat and removal of the illegal interest and compensation charges, as well as the return of any amounts wrongfully added.

• Filing of complaints under the UP RERA Act and District Consumer Forum is recommended. RERA provides quick, binding resolution and can penalize the builder for delay, non-delivery, and misuse of escalation clauses.

• Consumer forum complaints can secure compensation for mental harassment and force the builder to remove unlawful demands and process possession as per the agreement.

• Do not sign any cancellation or settlement agreement without legal review. Written documentation (emails, receipts, notices) is essential to support your claims.

• Maintaining all transactional evidence and communication history will aid if the matter goes to RERA or court.

You are invited to contact us for legal assistance, including the drafting of notices, case filing before RERA or consumer forum, and handling direct negotiations with the builder. This professional support can prevent further exploitation and secure your lawful rights in the flat.

Reach out for direct legal guidance or case handling regarding builder disputes, possession delays, or harassment.The marginal heading has been removed. The following guidance is now clearly worded for your situation, and includes an open invitation for legal assistance:

You have been facing repeated delays and unjustified demands from your builder even after making full payment for your flat. The builder’s attempts to impose additional charges, intimidate you, and threaten cancellation—especially when possession has not been delivered as per the contract—constitute clear grounds for legal action under RERA and consumer protection laws.

You can serve a legal notice demanding:

• Immediate possession as agreed.

• Removal of arbitrary interest and “farmer compensation” charges.

• A clear statement of account, including calculation details for any charge claimed.

• Cancellation of threats for flat forfeiture or resale.

If the builder does not comply, you are entitled to initiate proceedings before the UP RERA authority and consumer forum, both of which empower you as a homebuyer to recover possession, seek compensation for delays, and prevent builder harassment.

You are welcome to contact us for legal assistance with notice preparation, RERA/consumer forum complaint drafting, and professional representation for negotiation and case handling. This will safeguard your interests and ensure delivery without illegal escalation or intimidation.

- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.

- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest. 

- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder. 

- Hence, you can claim the compensation even after taking the possession , and if he insist on payment then you can send a legal notice . 

If you have already paid the full sale consideration as per the agreement, the builder cannot demand additional money as “compensation” or “interest” for any delay in your payments unless such a clause specifically exists in the Agreement to Sell/Allotment Letter.
However, if the builder has delayed possession, it is usually the builder who is liable to pay compensation/interest to you (as per RERA or the agreement), not the other way around.
You can approach the Consumer Disputes Redressal Commission for refund of excess or unjustified charges, compensation for delay in possession and interest for mental agony and harassment.
If your project is registered under RERA, this is usually the fastest and most effective forum.
Review your Builder-Buyer Agreement for payment and delay clauses.
You are not required to pay extra “compensation” or “interest” when the builder himself has failed to deliver possession on time. Instead, he owes you compensation for the delay.

Hi, You need to send them a detailed legal notice in this matter, and push them for dropping the unauthorised charges, which they are calling upon you at this final stage. Any thing that the contract does not permits them to levy, cannot be levied at this belated stage.

After the legal notice, in a sitting or two with the builder, this issue should get resolved. Else approach RERA seeking appropriate relied. 

Don’t let the builder intimidate you. File before U.P. RERA straightaway asking for possession as per original agreement, removal of illegal charges, and protection from cancellation. Once the builder is summoned, they will be forced to come to the table.

Dear Client,

The builder is deliberately using delay, illegal demands like “farmers’ compensation,” inflated super area, and arbitrary interest as pressure tactics to either extract more money or cancel and resell the flat at today’s higher price, which amounts to unfair trade practice; since you have already paid the contracted price (except the disputed extras), the proper step is to serve a formal legal notice asserting your right to possession as per the builder-buyer agreement and objecting to unlawful charges, and if they do not comply, promptly file a complaint before the UP RERA Authority (Greater Noida projects fall under its jurisdiction) seeking possession and cancellation of extra demands, with the alternative option of approaching the Consumer Commission for deficiency of service, and for practical protection you should preserve all agreements, receipts, notices, and communications, avoid signing any cancellation or settlement under pressure, and engage a local real estate lawyer in Noida/Delhi-NCR who regularly handles RERA and consumer disputes so that you can move quickly and avoid further intimidation.

I hope this answer helps. For any further queries, please do not hesitate to contact us, Thank you.

Given the circumstances and the builder's refusal to honor the interest clause, here are some steps you can consider:

1. Legal Precedent: Supreme Court Ruling

The Supreme Court of India has recently ruled that builders must pay the same rate of interest for delayed possession as they charge buyers for late payments. In a notable case, the Court directed a builder to refund ₹43.13 lakh to a buyer along with 18% annual interest, emphasizing fairness and equity Business Standard.

This ruling strengthens your position in seeking compensation for the builder's delay.

2. Immediate Actions to Consider

• Legal Notice: Send a formal legal notice to the builder, citing the Supreme Court's ruling and demanding the payment of interest as per the contract.

• File a Complaint with RERA: Since the project is in Greater Noida, you can file a complaint with the Uttar Pradesh Real Estate Regulatory Authority (UP RERA). They have the authority to adjudicate disputes and direct the builder to comply with the regulations Legalkart.

• Consumer Forum: You can also approach the Consumer Court under the Consumer Protection Act, 2019, for delayed possession, which constitutes a deficiency in services legalhelpnri.com.

3. Documentation and Evidence

Gather all relevant documents, including:

• Signed agreement and payment receipts

• Correspondence with the builder (emails, letters, etc.)

• Builder's notice demanding additional payments

• Any communication regarding the interest charges

These will be crucial in supporting your case.

4. Legal Representation

Given the complexity of the situation, it's advisable to consult with a legal professional specializing in real estate disputes. They can provide personalized guidance and represent your interests effectively.

If you need assistance in finding a reputable law firm or legal expert, please let me know, and I can help with recommendations.

From the facts, it appears the builder is acting in bad faith and attempting to intimidate you into paying additional charges (interest, farmers’ compensation) that are not legally justified under the original agreement.

1. Your Legal Position:

   • You have already paid 100% of the agreed price, except for additional charges that were not part of the original contract.

   • The builder cannot arbitrarily cancel the flat or demand extra payments without legal basis.

   • Any interest or penalty claimed must be specifically mentioned and calculated as per the contract. If they refuse to disclose calculation, it indicates malpractice or harassment.

2. Relevant Legal Protections:

   • Under RERA (Real Estate Regulation & Development Act, 2016), buyers are protected against unfair trade practices, arbitrary demand for extra money, or threat of cancellation.

   • Consumer Protection Act (2019) also allows buyers to file complaints for deficiency in service, coercion, or unfair trade practices by builders.

   • Courts have consistently held that builders cannot resell a booked flat just because its market value has appreciated (Mohinder Singh Gill v. Union of India and RERA judgments).

3. Practical Steps:

   • Do not make any further payments without written agreement or clarification on calculations.

   • Send a legal notice through an advocate demanding clarification of interest, rejection of arbitrary charges, and cessation of threats.

   • File a complaint under RERA (state authority where the project is located) — they can direct the builder to complete possession without extra charges.

   • Keep all correspondence documented; it will strengthen your case in RERA or consumer court.

4. Optional:

   • If intimidation persists, police complaint for criminal intimidation can also be considered, though usually civil remedies suffice.

   • Engaging a law firm experienced in real estate disputes and RERA litigation is recommended. Most reputed firms in Noida/Greater Noida handle such matters.

In summary:

• You have a strong legal position as a fully paid buyer.

• Builder cannot cancel or demand extra payment without legal justification.

• File RERA complaint and legal notice — this is the most effective way to protect your rights.

You can file consumer complaint or a rera complaint if you are a consumer else you need to approach civil court