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Delay in Delivery of Apartment


02-Sep-2023 (In Property Law)
The builder has delayed delivery of construction linked payment plan flat. Can I get full refund of payments with 24% penal interest that i was charged by the builder for one delayed payment? The builder buyer agreement favors the builder with delay to be paid @ Rs 5 psf on delivery of flat. How to proceed legally and what time frame is expected to get a refund?
Answers (2)

Answer #1
800 votes
You can definitely approach the Consumer Court and ask for a refund of the total amount along with interest, compensation and litigation costs. You must pray for a 24 % interest but it would be up to the Court to grant you interest at that rate or not. They may reduce it. You can file your case in the District Forum if the total claim amount is less than 20 lacs. If it is over 20 lacs then you must file in the State Consumer Commission. You can expect to get a final order in 3-6 months depending on which Court it is filed before.
Answer #2
898 votes
Dear sir

you can claim it back if you have proof of payment. You will have to proceed yo consumer court to do so. If you require further assistance please do not hesitate to contact me.

regards
adv farhat warsi

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