How we can put penallty to Builder for delays?

Q: How we can put penalty to Builder? I have booked flat at Lodha Cassa Parido at SanathNagar project in 2010 Sept on the promise that I will get possession of the flat in Feb-2012 sure.. and because of good name of Lodha Group in Mumbai I have booked the flat..
Further they have delayed position of flat by one year. Now they are saying that they will give possession in Jan 2013.. and they are almost enjoying my flat cost which i took bank loan and back has disbursed the full amount only 5% is left which will be get disbursed after registration.
I am paying full interest since last two years. and I dont have any clause in agreement to put the penalty on builder and anyone help me to get it done.

Mangesh Sawant, Bangalore

14th July 2012

Legal in Secunderabad, Hyderabad

lodha has no business ethics

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Replies (5)

Where is the Consumer court in Hyderabad..

Mangesh Sawant, Bangalore

21st July 2012

Comment

If you don't have any clause regarding the delay in compensation in your agreement in that case it becomes difficult to get justice legally. a basic delay of 4 to 6 months may happen due to some constrains which are not in the hands of the builder.

Uday Dutta, Mumbai

16th July 2012

Comment

YOU CAN FILE A CASE IN CONSUMER FORUM:
How to file a complaint in consumer forum?
The consumer before going to the consumer court should fist send a notice to the builder regarding the issue and asking for compensation giving the builder sufficient time to address the issue. In case there is no action/response taken from the builder you may knock the door of the consumer court. The main points regarding filing a complaint in consumer court are as follow:

A lawyer is not necessarily required as a property buyer can present his own cases in consumer courts.
After two years the dispute issue will become outdate, so the complaint should be filed within two years of dispute arising.

For a property of value up to 20 lakhs, a written complaint can be filed before the District Consumer Forum. For property of value up to Rupees one crore, the complaint is to be filed before the State Commission and before the National Commission for value above Rupees one crore.

Uday Dutta, Mumbai

16th July 2012

Comment

You cannot put penalty on a builder it is better to take advice from your legal expert.

devash.pandey,

16th July 2012

Comment

Hi Mangesh, You can talk with the builder that if he is not handing over your apartment by January 2013 then he have to pay some compensation for the delay.

shettychandrashekar84,

16th July 2012

Comment