Delay in handing over of flat by builder.
I bought an apartment from a reputed builder in November, 2010. The possession was supposed to happen within 36 months from the date of booking +/-6 months grace period according to the agreement.
Since last almost 2 years there is no work going on at site and as of now only the structure of the apartment constructed without any plastering, flooring, door and windows fittings. The builder now says he will give the possession of apartment by October 2016, but I don't think he will deliver in October also.
The builder hasn't delivered the property yet also they haven't paid any penalty yet. The builder is saying that they will pay the penalty along with the possession when they will deduct the penalty from the final settlement charges. At the same time they are not willing to tell how much penalty they are willing to give. Besides this the quality of construction is very poor.
My questions is whether I should wait for the apartment to be delivered and check if the builder has given correct penalty at the possession or should I file a complaint in the consumer court right now demanding the final date of delivery and also the money to be paid for the delay till date and then every subsequent month of delay. I am worried that if I file a consumer complaint right now, the builder might get offended and create problems giving me possession or doing registration.
Please suggest me what should I do now.