• Interest for delay in payment against builder demand

sir, 
I booked one flat in Noida, paid 20% as per schedule.
Balance amount to be paid through bank, but builder delayed in making builder buyer agreement, i have reminded it through mail also. once agreement done loan sanctioned within 10 days and payment done.
Now builder imposing interest on demand amount for the period before signing agreement.
Is it justified in legal term?
What to be done for flat possession?
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
Pay amount under protest 

2) take possession of flat 

3) then move consumer forum against builder and seek refund of interest charged by builder 

4) also claim litigation cobsts 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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If the delay in payment was on account of the delay by the builder in making the BB agreement then he cannot impose the interest. Issue a lawyer's notice to the builder to deliver the possession forthwith, and if he does not do so then a case can be filed in the consumer forum to seek judicial directions to him to deliver the possession with compensation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. File a complaint case before the local  District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming direction upon the builder to execute the agreement, collect payment as per the agreement, damage and cost,

2. File the case immediately with all the evidence in support of your claim.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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You must see the clause of sale agreement about the penalty to be paid by the buyer in the event of delayed payment.
If there is no mention about it or if there was no delay on your part, you may deny the interest on delayed payment.
If he is giving a notice, you may reply him on the basis of delay was caused by him and not you hence there cannot be  a levy for penal interest due to delay in payment.
If the builder is trying to play games due to non payment of interest, then you may drag him to consumer forum for relief and remedy.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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