Delay in delivery of flat

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
Hi,
My friend has purchased a flat from a renowed builder and has paid the sale consideration as per agreed payment schedule, but the builder has delayed delivery of flat by 18 months and has now sent him a notice stating that flat is now ready.
Further they have imposed a fine of Rs.5 lacs stating non payment of electricity deposit & charges which were payable during regiseration as per agreement.
When contacted they were more than eager to waive of Rs.5 lacs subject to condition that he signs a no-claim letter(for the delay by builder), does this not amount to blackmail & what would be the remedy for my friend who is also paying his EMI's for the last 14 months without possession of flat.

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Devajyoti Barman (Expert) 07 February 2011
The alleged acts of the builder squarely falls within the ambit of deficiency of service and unfair trade practice and as such his actions can be brought to book by way of a complaint before the Consumer Forum u/s 12 of the Consumer Protection Act.