File complaint against builder before consumer forum and seek orders to direct builder to pay enhanced registration charges on account of his delay in registering the sale deed 

- As per rule, the builder is bound to adjust the extra difference amount of stamp duty due to his fault. 

- Further , if you cancel the booking due to fault of the builder , then the builder will have to pay entire amount with  10% interest. 

- If builder not ready to pay the extra amount , then lodge your complaint before the Consumer Court for getting order in your support with compensation. 

- However, before filing the compliant , you should send a legal notice to the builder for the same. 

You can file a complaint with rera or consumer complaint for the same and seek direction from them

Dear ma'am/sir, 

1. Issue a legal notice calling upon the builder to register the property immediately and pay the enhanced charges due to his fault.

2. If he does not agree to pay the enhanced charges, you can pay the charges as of now and mention that you are paying it under protest only to register the property and that you are reserving your right to recover the same by legal recourse. Ensure that this communication is in writing.  

3. Late, lodge a consumer complaint before the District Consumer Forum to recover the extra amount paid, loss of profits due to delay, compensation for deficiency of service and legal costs.

Hope this answer helps.

Best wishes.  

Serve the builder with a legal notice and than file a specific performance suit against him for getting the registration done at his cost.

Please note that if your builder fails to complete or is unable to give possession of the apartment in accordance with the terms of the agreement for sale for any reason, he shall be liable on demand to you:

1) In case you wish to withdraw from the

project, to return the amount received by
him in respect of that apartment with interest at such rate as may be prescribed in this behalf including compensation.

2) In case you don't intend to withdraw from the project, you shall be paid, by the buider, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.

Please feel free for any further information in this regard.

File a case in the consumer forum .

File a complaint against the builder in the RERA tribunal immediately. Also it comes under deficiency in services and a complaint can also be filed in the consumer forum.

Please make a representation to Collector of stamp and registration for waiving of penalties and interest on late registration of your property. 

Please put your matter under adjudication before the Collector of stamps and registration for acceptance of registration of documents without interest and penalties because of fault of Builder and non-compliance from them.

Ask builder to pay the increased amount. If you have reminded him timely after paying the full amount and no fault of yours, why should you bare increased amount. First have word with builder and check what type of response you received from him. 

There are a number of options at your disposal however if you want to purchase the apartment without any reservations in your mind in that regard, then I would suggest that you should go ahead with the registration first, and once you have got the deed registered and become the lawful owner, then you may proceed against the builder to claim the extra amount as compensation before the consumer forum since such a act of his would fall under the category of unfair trade practices.

If you confront the builder now, verbally or in writing, there is a slight possibility that he may demand for a declaration or something in writing to the effect that you will not claim any amount from him after the registration and that you have wilfully agreed to pay the increased registration charges and then you will be left with only one choice i.e to approach either RERA or consumer forum and it is an open secret that litigation in the current pandemic situation would take time and might considerably delay the whole process of your getting the deed registered in your favour.

However if you do not mind a little delay in the process and if you absolutely do not want to pay the extra amount from your pocket which is definitely understandable since it is the builders fault, then you may approach either RERA or the consumer forum for seeking directions for payment of the difference amount as well as for getting the deed registered in your favour.

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

You can file consumer complaint agaisnt the builder to recover extra amount paid plus compensation.

Any document which needs to be registered should be presented within four months of the executing of the same.

Penalty - If you fail to register the document within four months their is provision for fine of ten times of the registration fees.

Stamp duty - Payment of stamp duty within four months will not suffice the need as the ten times penalty is for delay in registration of document.

Grace period - You need to convince the authority with proper reason for delay in registration of document.. 

alternately Issue a legal notice through an advocate and file complaint against builder before consumer forum. 

1. You can claim the increase of registration charges from builder because registration was delayed due to builder's fault.

2. If he refuse to pay the compensation then you can file suit against builder before consumer forum.

No doubt it is the fault of builder for delaying the registration.

Hence the additional burden of increased stamp duty has to be borne by the buyers alone. 

The registration department will not accept your explanation,

therefore you may have to first issue a legal notice to the builder stating that the stamp duty and the registration charges as applicable was collected from the buyers on so and so date by cheque/DD, hence he is liable for the additional expenses incurred in this regard.

If the builder is not accepting the liability then you first pay the additional expenses and can file a recover suit or a consumer case against the builder for recovery of the additional amount paid or for compensation from builder for his unfair trade practice.