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Delay penalty claim after receiving legal possession


28-Oct-2023 (In Consumer Court Law)
I booked a flat with builder in 2009 however didn't receive legal possession until 2018. Builder took 50% of the payments even before signing of builder buyer agreement, The agreement was signed in 2013 and offer of possession was given in 2017. I now have received legal possession of the flat however builder gave me delay penalty @5 from the date of agreement (2013) till date of offer of possession (2017) while builder charged interest @18-24%. He made me sign all consent agreement before providing legal possession. Can claim delay interest from the builder from date of initial payment in 2009 to date of legal possession in 2018?
Answers (1)

Answer #1
661 votes
Hi,
Thee must be a specific clause in the builder buyer agreement, where the rate for delay charges must be given.
We would like to see the builder buyer agreement before giving you a specific answer.
For more information, feel free to have a word with me. All the best.
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