Penalty denied on change in flat

I am facing lots of problems due to delay in my flat possession (in Noida, U.P.). I am financially very destabilized now because of this delay and cannot afford to file a case against the builder and being a salaried class person I don't even have time to go and fight my own case in Consumer forum as I have come to know it is not easy to fight a case in consumer forum as it is a time consuming process. Anyways, my query is about the denial of penalty by the builder. The flat was supposed to be handed over in Jan 2014 as per agreement but delays hit the project and it is not yet ready. The builder said that he will pay me penalty of 20 months and possession is coming up in next 5-6 months. But as builders are known for moving the dates ahead so I am not believing him. Builder has now offered me another flat in same complex in exchange but then added a condition that he will not pay penalty for the same as the new agreement for new flat will not fall under delayed category. Normally nothing is written in agreements about the "flat change" so there is nothing about it in the buyer seller agreement. I asked developer to give me penalty up to today if not any further. But he said he will not do that. Is the builder correct? Is there anything written about it somewhere in law? Should I take possession of new flat and then file a case somehow and pray to God that I get some relief from consumer court? Any help / guidance will be appreciated.