Delay penalty imposed by builder after taking legal possession

I booked a flat with a builder in 2009, however, I didn't receive legal possession until 2018. The builder took 50% of the payments even before the signing of builder buyer agreement, The agreement was signed in 2013 and offer of possession was given... Read More

I booked a flat with a builder in 2009, however, I didn't receive legal possession until 2018. The builder took 50% of the payments even before the signing of builder buyer agreement, The agreement was signed in 2013 and offer of possession was given in 2017. I now have received legal possession of the flat, however, the builder gave me delay penalty @5 from the date of the agreement (2013) till the date of offer of possession (2017) while builder charged interest @18-24%. He made me sign all consent agreement before providing legal possession. Can I claim delay interest from the builder from date of initial payment in 2009 to date of legal possession in 2018?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

If the builder has charged delay penalty on you (home buyer) wrongfully while causing a delay in delivery of possession himself, you can file a complaint against the builder with the RERA Authority. 

READ: Rights And Duties Of Home Buyers Under RERA

First, the builder cannot take more than 10% of the total amount as an advance before the builder-buyer agreement is signed. Your builder has violated this provision of the RERA Act, 2016, giving you a ground to file a complaint against him.

You canfile a complaint with the RERA Authority of the state in which the property is situated. The RERA lawyer will draft and file the complaint against the builder with the RERA Adjudicating Officer. The RERA Authority will evaluate the complaint and either accept the complaint or discard the complaint. Once the complaint is accepted, the RERA Authority will look into the related documents and witnesses, record statements of both the sides and pass an order.

You can consult with a RERA advocate in India to know the correct legal recourse for you. As you have received the possession and signed the consent agreement, the case may be a little tricky and need a good counsel who can represent the matter efficiently.

ALSO READ: Timeline Of A Complaint Under RERA Against A Builder

Answered on 10 Nov 2018


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