1. Is my case legally strong enough / genuine enough for claiming the late payment charges from builder. And is the late payment charge settled at the time of possession only, no provision of getting the late charges as and when the payment is delayed?
The late payment or penal payment on the delay in construction or possession shall be ascertained on the date of handing over possession. If you are instructed to make final payment for handing over possession, you can make it under protest.
2. Builder has also charged me on some late payments, I tried to ask for the exact amount of late payment so that I can settle it, but they said it would be settled at the time of possession, I believe they are trying to negotiate during possession for my late payment amount to their project delay. What could / should be my step on this, to avoid falling in any of builders trap.
You can maintain a record of all late payments made by yo and also secure the evidences of the delay by the builder and should demand the penal interest payment for the delay in handing over possession. If you desire to get the late payment by the builder to be paid to you immediately you can send a notice to him by registered post demanding the same.
3. Can I claim additional rent / amount under any other head from builder for using my flat for their office purpose.
Until it has not been handed over to you, you cannot claim ownership to that flat being occupied by the builder, however you can send a notice to him mentioning his illegal occupancy of the flat booked by you and he is liable to pay rent and for the damages and all such consequences which may be brought to light. This will open his eyes about the illegal occupancy of the flat allotted to you.
4. I have been coordinating with an employee of builder over emails for all these follow-ups, I do not have any of their managements correspondence, is it required to make the case strong.
You have to create all the records in writing and sending the communications to the top management of the builder firm by registered post with AD card, this will help you to secure evidence against the builder at every stage in order to establish the litigation against him, if there arises one in the future.
5. Can I approach the court, if yes, which court, and what do I need to prepare for.
Asked 22 hours ago in Property Law from Noida, Uttar Pradesh
Consumer court within your jurisdictions.