Project delayed by builder
Ashish
(Querist) 18 December 2011
This query is : Resolved
PROJECT IS DELAYED BY 2 YEARS, NOT PAYING REGULARLY PAYING PENALTY AMOUNT. INSTEAD HE HAS ASKED ME TO PAY ADDITIONAL INTEREST EXTERNAL DEVELOPMENT CHARGES AS I HAVE MADE SOME PAYMENTS AFTER THE DUE DATE BUT I HAVE PAID THE SUBSTANTIAL AMOUNT (I.E. BSP) BEFORE THE CONSTRUCTION.
IS THE BUILDER IS JUSTIFIED IN HIS DOING??
IS THE CUSTOMER NOT FACING ANY HARDSHIP?
WAT ACTION CAN BE TAKEN AGAINST HIM???
Advocate. Arunagiri
(Expert) 18 December 2011
Not paying penalty amount by the builder and the buyer, is breach of contract, if any.
I you have strong grounds, you can approach the consumer forum.
ajay sethi
(Expert) 18 December 2011
YOU MUST HAVE ENTERED INTO AGREEMENT WITH THE BUILDER . THE AGREEMENT MUST BE CONTAINING A CLAUSE THAT IN EVENT POSESSION IS DLEYAED BEYOND A CERTIAN DATE BUILDER SHALL BE LIABLE TO PAY INTEREST TILL POSESSION IS DELIVERED .
ISSUE NOTICE TO BUILDER .
SILLARLY IF YOU HAVE DEFAULTED IN PAYING INSTALL MENTS ON TIME YOU ARE ALSO LIABLE TO PAY INTEREST .
Raj Kumar Makkad
(Expert) 18 December 2011
If allottes or buyer shall not make the payment of their due installments, how a builder can complete his project within stipulated time and it shall cause the delay in the completion of project which has been done in your case so builder cannot be blamed and his action to charge penalty or interest amount is purely legal and justified.
Ashish
(Querist) 18 December 2011
Thank u gentle-mans for your kind reply. i m giving you some facts so that you can explain me better.
Contract has been already made/endered on 3/2008, which states that BSP i.e Substantial amt. has to be paid within 3 months. Which i've paid on time. Possession Due date was 3/2010. All other sum payble i.e. EDC charges. were to be paid on Possession 3/2010, but the builder was not in position to give possession on 3/2010. instead he continuously called me for EDC, which i've paid before possession, still possession is not given by builder. Instead he asking me for interest on EDC amt which i've paid on lateral dates. Although builder is paying me penalty/ int. but he is not regular in paying that amount, which is pending by 4 months.
Can he ask for EDC before possession??
Can he ask for interest on EDC ???
Guest
(Expert) 19 December 2011
Provisions of agreement only can prevail. Just consult the terms and conditions of the agreement with the builder.
