Noida | 04 Feb, 2021 (7 months, 2 weeks ago)

Property Law

Excess penalty on flat possession

Hi Sir/Madam , We had booked 2 bhk flat in 2010 which got completed with delay and in 2018 they asked us to take possession of flat. During the process of possession we come to know that we need to pay penalty as there were some delay of payment and pending amount from our side. payment delay happed due to incomplete documents provided by builder to bank as a result some of the emi got delayed .(after correcting those documents(by builder) bank issue the amount)
Answers
04 Feb, 2021 | 16:37

On the basis the facts provided by you, it seems like any default/delay from your end arose solely as a result of default/delay at the end of the builder in meeting with its reciprocal promises. Further, you may also have a separate cause of action against the builder on account of delay in completion. If the facts as stated are true, you may demand the builder to exempt you from paying the penalties and also demand that appropriate interest/compensation be paid on account of the delay in completion. If the builder refuses to do so you may resort to the appropriate legal recourse which could be in the form of a complaint before the appropriate consumer forum/commission or in case the project is registered under RERA (which should be the case if the project was complete in 2018), an application before the appropriate RERA Authority.


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