Compensation Refused by builder (Late possession)
I Booked a Flat on March 2010, Registration done in 15th March 2011& Possession date is 31st Dec 2012. From 2013 on wards builder time to time issues a letter to me regarding late possession due to non availability of material and Labor.(Same reason in all the letters). I paid Except Possession remain all payment done up to sep 2012. I had asked to the builder when i had paid all money as per your construction except possession money, How material and man power shortage, they didn't give the proper answer, but the builder says as per Registration document If you are not satisfaction about the possession or any time as per agreement if the builder couldn't give the possession in stipulated time they can pay 9% simple interest + what the amount paid by the customer.(Customer should surrender the Flat). Again i send a letter to the builder if you are not given possession with compensation i will do hunger strike, it means self suside. Even they refuse compensation as per registration agreement, but now we will give you the possession. I still asking the compensation, when i paid money as per your time to time flat construction, where the labor & material issue, simply builder says as per registered agreement if you are not satisfy surrender the flat and take the 9% simple interest with paid amount. same as i consult with one NGO Consumers society, the builder has simply refused the compensation and says the same answer as per registration document. Again i consult one of NGO consumer lawyer, he is a doctorate. He suggested me now builder is ready to given possession the flat you have to take it, If you have file a case in consumer court, it will take time and may or may not get compensation and court also say at the time of judgement as per agreement you follow what to do, Mostly all of the amount you have already paid to the builder, simply paid the remain possession amount and what ever remain amount as per agreement mentioned pay and handover your flat after that you have to file a case in consumer court. is it correct .
In the agreement if customer could not pay any amount as per stipulated time should penalized with 18%, same as if builder side 9% simple interest with surrendered the flat, where is the verdict. Builder knows all the rules and regulations because he is doing business, but where as customer doesn't know all this things, only he trust the builder, because he is a one of the leading builder, such a builder cheated the customer and making money. NGO Doctorate Lawyer says one you have signed in the Registered document to you should abide the rules and regulations as per registration documents. By this ground my builder cheated me. And i had taken money by bank loan and paid to them, and still i am staying in a Rented house. As per our Indian Law there is no verdict in such cases!!!!!! Builder Name is Lodha