Builder not paying penalty

arc_2014 (Querist) 09 March 2017 This query is : Resolved
Builder in Ghaziabad is not paying penalty to the buyers for delay in giving possession , though it has been mentioned in the buyer seller agreement.
Builder says that they have never adjusted such penalties in the final payments.
Many buyers have visited and written to the builder.
The amount is penalty is around 1 -1.25 lakhs per buyer.

In such situation what is the legal remedy?
How long does it take in consumer court to get remedy?
In case buyers go to court what else damage the builder can cause to the buyers

The agreement in on Rs.100 stamp paper.
Regards,

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Adv. Yogen Kakade (Expert) 09 March 2017
Firstly send the builder a legal notice for the demand of such money and if he fails to pay even after that, then go for a legal action.

R.K Nanda (Expert) 09 March 2017
file consumer complaint in CF to get penalty amount with interest against builder.

Rajendra K Goyal (Expert) 09 March 2017
Builder lobby is very effective, may not agree easily.

File complaint with the consumer forum.

Kumar Doab (Expert) 09 March 2017
Approach DCDRF.

If all buyers are united and joint claim limit allows then consider Class Suit in NCDRC.

Guest (Expert) 09 March 2017
Agreed with Madam RK Goyal

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