Q:
I am having a flat in lotus boulevard no idea. I have been waiting for the builder to handover posession of the flat since Feb 13. ThE builder is to pay penalty for delay in handing over posession as per the agreement. Though there is no clause effecting penalty due to delayed payment of an instalment however the builder is indicating dependency of penalty on timely payment of all instalments. Also he is invoking force mature clause for work held up due to issue with NGT. Requested advice on what should be done to get maximum penalty benefit.
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My comments to replies
Hi Shailesh,
You can file a case in the consumer dispute redressal commission at all the three levels i.e the district , the state and the national commission depending on the value of the property or the amount of damage you have suffered. Any dispute over 20 lakhs can be directly filed before the State Commission and any dispute over 1 crore can be filed before the National Commission in New Delhi. Any dispute for a value lower than 20 lakhs has to be filed in the District Commission in your District.
Thanks for ur response
28th December 2016
Hi Shailesh!!
You can mail to authorize contact of builder asking about all the certification like NOC from the several govt. authority, completion, occupancy etc and if builder failed to provide you then you can issue stamped warning letter before filing court complaint including all your point which led the agreement to the path of dispute and you should also mention the consequences and details of claim in it, if builder is adding penalty for your delay payment.
Thanks for the update
28th December 2016
Hi,
According to me, first take the possession and pay the money that builder is asking you to pay for delay installments and then file the consumer complaint in the consumer forum. It makes sure that you have possession and hence secured. And consumer forum is the speediest consumer redressal forum in the country now. So, you will get the right justice.
Thanks Giri. Can the complaint be filed in the consumer redressal forum after taking over possession. While taking over possession it is possible that some portion of penalty is paid by the builder however it may not be complete as per the penalty clause in buyer builder agreement. Do let me know. Thanks.
28th December 2016
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