1. You are silent on the terms of the agreement which is key to proper resolution of this query.

2. i may state that both you and builder are bound by the terms of the sale agreement.

3. If the builder has gone beyond its terms you have rightful cause of action to bring appropriate proceeding before the Consumer Forum to claim the return of excess money and for damages as well.

You and the builder will be bound by the terms & conditions of agreement. Have a look at the agreement and see if there is any deviation by the builder with reference to the terms of the agreement. Since you have not given us the information regarding terms & conditions it would be difficult to give correct opinion. If you think, based on agreement, there has been an excess money paid by you to the builder, then claim the return of excess money and damages from the builder by filing a case before the Consumer Forum.

Dear Client,In that case its completely depend upon the builder-buyer agreement terms and conditions so firstly i want to see the agreement copy therafter i will try to elaborate properly if its not mentioned in agreement then you will have option to go Consumer Court against the builder for unfair trade practice.

1. You have not provided with complete facts of the case,

2. You have bought the flat or executed an agreement for sale?

3. If you have executed an agreement for sale with the allotee, did you makie the builder a party in the said agreement?

4. If yes, then all of you shall have to abide by the terms & conditions mentioned in the said agreement for sale,

5. In case the builder violates any terms mentioned in the said agreement for sale, then you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate possession and registration of the flat after collecting the amount agreed by all the parties, rent for the delay, damage & cost.

1) your query is silent on material facts . you have not reproduced terms of agreement regarding levy of interest .

2) without going through terms of agreement entered into by you with allottee and builder we cannot advice .

3) if interest is levied by builder contrary to agreement move consumer forum for necessary reliefs . you can claim refund of interest paid by you if any also compensation .

4) best solution is pay interest under protest . take possession of flat then drag builder to consumer forum

In case the builder violates any terms mentioned in the said agreement for sale, then you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate possession and registration of the flat after collecting the amount agreed by all the parties, rent for the delay, damage & cost.

A. You can approach the Consumer Forum under unfair trade practice by way of deficiency in service subject to following breach viz.,

1. If the builder received exorbitant interest from you against term and conditions which is mentioned in

the agreement

2. The Builder cannot refuse to correct the lacuna if the interest rate is differentiated while compare with

agreement

terms and conditions.