Holding charges
I booked a flat with TATA Reality at Nagpur and the agreement to sell was made in 2013, while the sale deed was executed only in July 2015. I paid all the installments in time except the last one due at the time of possession. The possession was offered to me in November 2016.I sued TATA reality for not providing me the exact product, they promised for.Now the judge of the consumer forum suggests us to undergo a legal settlement.the flat that I earlier booked is on the 7th floor while the flat they are offering me in exchange is at the 17th floor. so they want me to pay additional charges as floor rise charges, holding charges for the old flat and interest on the delayed payment due to non availment of possession as the court case is continuing.I am ready to get the flat exchanged which is a state of compromise but the OP doesn't seem interested and has put up inadmissible conditions for the settlement.the settlement offer does no good to me.According to them, they are not liable to get the earlier flat exchanged with the proposed one and they have made this offer to exchange, in view of the statement made by me in the consumer court. since they have offered to exchange the flat along with additional consideration which would anyway have to be paid in case of up-gradation to a new flat, therefore it is not a fair settlement as they have not compromised on their part.
what should I do? as I want them to exchange the flat without holding charges and interest on delayed payment, as the delay is due to the delayed offer for exchange of the flat by OP.