Under the facts enumerated by you, you aren't liable to pay any interest whatsoever. These are all tactics to extract whatsoever money possible. You must file a consumer petition in consumer court. For further consultation, speak to me on phone consultation service here at kaanoon
Builder asking interest for delay in disbursement other side he has delayed in possession
Hello, I have purchased flat in pimpri chinchwad, pune. As per builder, flat was ready to move. After disbursement of loan they can immediately give possession. 09.09.2019-Date of agreement. (I didn't get original agreement on same day) This agreement has clause as below : The allottee herein shall pay the aforesaid agreed consideration to the Promoter and owner herein within a period of 15 days from the date of execution of present Agreement. 20.09.2019-Received email from builder to collect all original document such as Registered agreement with registration receipt & index II, Sanction Plan, Builder NOC, Demand Letter Rs. xyz/- dated 16.09.19 (Due Date 30.09.19), GST Letter, All original payment receipts. 21.09.2019-I collected all documents and started chasing bank for home loan procedure but though bank has delayed. So,from 20.09.2019 if we count 15 days it becomes 5 October. 5.10.2019-Ideal day of disbursement. It took more than 1 month for first disbursement from bank. 06.11.2019-Actual First disbursement. bank kept 10% disbursement delayed because of incompelete document provided by builder (completion certificate was not provided by builder) at start time, later on 6.11.2019 he send completion certificate via email we have that email copy. After submitting completion certificate, bank did remaining disbursement. 14.11.2019-last disbursement. 07.11.2019-Ideal day of possession but 17.12.2019-Actual day of possession possession delayed because of incomplete work done as below 1. Kitchen basin leakage. 2. Wash basin pipe leakage. 3. Common washroom Mixer tap was broken and leakage, shower leakage, white cement was not there nearby toilet which caused wetness in wall. 4. Master washroom hand shower leakage. 5. No flush knob in both toilets at starting. 6. After installing flush knob, it was leakage. 7. Master bedroom Toilet seat was leakage while operating flush. 8. Hall window changing. 9. Kitchen window mosquito net was tattered. 10. Cleaning was not proper. I have chased so many times with builder, i dropped email as well give me possesion at the earliest i am paying rent to live in pune but though it took 1 month 11 days to resolve all above mentioned problems. Finally, I received Key handover letter 17.12.2019 and keys of flat. Conclusion: 5th October (Ideal disbursement day) to 6th November (Actual disbursement day)=1 month, 1 day. 7th November 2019 (Ideal possession day) to 17th December 2019 (Actual possession day)=1 month, 11 days. Now, builder is asking 1 month interest else he will not give me possession letter and also I think he will not move the electicity meter to my name till we pay interest. But builder also have delayed possesion, due to which I am living on rent for whole december month. I could have started living in my new home by 1 december itself. Can you please advise, I should pay interest amount or can I take any action by law?
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
Pay interest under protest
take possession of flat and claim interest for delay in delivery of possession
if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to pay interest for delay in delivery of possession
You can drag the builder to the consumer forum for non payment of penalty due to delay in handing over possession.
You may have to first issue a legal demand notice demanding the possession letter and other dues from him, if he gives a reply refusing to furnish the possession letter for the said reasons, you may drag him to the consumer forum by producing all the documentary evidences in his possession.
Please remember that the delay by bank in disbursement of loan amount cannot be claimed as an excuse by you for delay in paying the consideration amount.
You don't have to pay interest amount you can file a complaint before consumer court for deficiency of service against him. The said court will give appropriate direction to him in the said matter
Since CC was provided by builder only on 6.11.2019 - loan delayed due to builder and also work was incomplete - agreement effective on completion of work.
No interest payable as payment delayed due to builder. Take recourse of law. And issue legal notice for delivery of possession.
For further delay, builder will pay interest - complain to RERA/consumer court. .
There is no fault of yours in delay caused so far and hence there is no question of paying anything extra of what is already stipulated.
So refuse to make such payment and demand both the possession and the possession letter.
if the builder still refuses to do so then file case before the consumer forum where you apart from getting possession would receive enough damages and compensation.
- As per law, the builder is bound to provide all the documents to the buyer for getting loan sanction from the bank , and further also bound for handing over the possession of the flat in complete position.
- Hence, you should not pay any interest due to hidden mistakes of the builder.
- Firstly you should send a notice to the builder for asking possession letter , after mentioning that due to delay in ready to move possession , you are not responsible to pay any amount , and further ask him to pay compensation as well.
- If the builder fails to response your notice within a period of 7 days of time from the date of sending the said notice , then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.
- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.
1. No you should not pay the interest as builder is also at default due to delay in possession.
2. Send a notice to builder for compensation for delay in possession due to which you had to pay rent for current accommodation.
3. You can file complaint in consumer forum against builder for asking intrest for delayed payment which was due to his default of not completing papers.
you are not liable to pay any interest.
issue a legal notice through an advocate and file complaint before district consumer court under defeincy of services and claim compensation for mental agony.
