Compensation against delay in flat possession
I had booked a flat in Jun2011 1490sft, costing app. 47 Lakhs. Builder had promised to handover tha flat by Jun 2013. But it is not handed over till date. He is saying that it will be delivered in next few months. There was a rental scheme of 15000/- p.m. will be deposited in my account from date of payment of 15% money as well as 10% own contribution. I have taken loan for 85% of cost. There is a clause in agreement that rental money scheme will be cancelled if there is any delay in payment against demand. Payment was issued by bank once i authorise the payment for disbursement. It was construction linked payment to be paid at various stages of construction. Bank releases payment after varifying construction status.
Builder is showing payment delays against the demand and hence saying that rental scheme is revoked as per agreement clause.
Bank claims that payments are made as per demand immediately without any delay, if any delay i am supposed to take responsibility of this, as bank will act only if i authorise to release payment.
My question is - Who has will be responsible for delay? Bank says there were construction delays, while builder was sending photographs of progress also. I used to authorise the bank when there was a builder request to release required amount and after getting only the progress update of construction, as builder was supposed to maintain the account, i only acted when there was a demand of payment. Am i guilty of payment delay in such scenario, kindly advise.
2. Am i still eligible for rental money, as myself and bank immediately acted after getting demand request from builder and payment was made by bank. I did not act when there was a construction update, which was a kind of indication to pay next intallment. IS this a default on my part?
3. My secong question is can i ask for delay compensation in consumer court
4. How much compensation is a genuine to ask for?