you can file a complaint with rera or consumer court for the same.
Interest charged on delayed payment
Sir/ Madam I bought a 3 bhk flat in 2016 and made the initial payments on schedule; with self funding- later had to resort to bank finance for which I needed the documents ( agreement etc ) from builder; which was delayed and not given till Mar’17 after repeated reminders; also there was a change in the ownership of project between partners. Around the same time RERA was coined to be introduced and since I wanted my flat to be registered under RERA, thus waited for builder to give me the new draft as per RERA guidelines in Maharashtra; which happened somewhere in Aug’17; post which I applied for loan and cleared the dues of builder- some mail evidence is there to support my case. Now the builder during final has levied high interest which am not willing to pay as it is an unfair demand. Pl suggest the next course of action. Thx Kamal
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
You can file a consumer complaint to contest same illegal demand by builder as deficieny was on there part you can contest same.
For any problem with the Builder you need to approach the consumer forum or consumer Commission which never be the jurisdiction according to the claims you have to complaint in the forum and provide all the documentation relating to your apartment and also request the form to pass the order in this regard otherwise you can lodge your complaint in rera and complaint against the Builder in this regard
1) file complaint against builder before RERA against high interest demanded by him
2) take the plea that delay occurred as builder failed to hand over documents required for loan sanction .hence no interest is payable
3) in alternative file complaint against builder before consumer forum
Since I need the possession urgently, can I make the payment under protest and then file a case; or shall I file a case and wait for an order which may delay the possession- also need a subject matter expert lawyer at thane to discuss this case
Asked 5 years ago
You can make payment under protest then file case
No question of payment of interest at high rate.
interest shall be payable at the rate prescribed by RERA authority. It is generally 2% above the MCLR.
You can pay under protest and file suit later on.
You can do anyways. But even without paying the car claim possesion as urgent interim/ad interim relief
You can take possessiin and pay under protest and then proceed to claim them back.
The builder has raised the unfair demand and if he takes the defense that it is his right as per Buyer agreement, he cannot raise such a demand. (There is a law that buyer agreement is not sacrosanct)
You can file the case and also file a consumer complaint against the builder. If he presses for the money and delays the possession on such ground, the same is illegal and you can raise this plea in the Court by which he will be liable to hand you over the possession as per orders of the Court.
Consumers should be careful about the inference of "implied discharge". They should promptly record their protest, reserving their right to take recourse to legal action for the balance claim amount. Inform him before possession that payment made under protest.
Than can seek legal remedy.
You give a reply in writing to the builder denying to pay the interest amount for the reasons you may rely upon.
If he's creating more problem then you may drag the builder to consumer forum for relief on the basis of documentary evidences in your support.
You can make the payment under protest, take possession of the property and then fight with builder through consumer forum.
Yes you can make the payment under protest then file the complaint case to regulatory authority under RERA act.
For refund of the interest amount with interest which was levied to you due to delay by builder for providing document for loan.
