Timing of case filing for Cost of Unit/Flat and Penalty for late possession

3 years ago

Dear all,
This case is already referred by you but my
- I am R a second buyer of a resale Flat of Mr V.
- Flat was under construction when I bought on 31/10/2017 builder cost was 31 lakhs.
- I bought on the same cost of 31 lakhs and 29 Lakhs were already paid by V.
- So I paid 29 lakhs to Mr.V and 2 Lakhs were balance to pay by me (R) as last instalment at the time of taking possession.
- Agreement Date was 31/08/2016 and last date of possession was 31/08/2018.
- Now builder increased the cost of Unit by inserting charges as Meter cost 51000/- and Power Back up 55000 + GST = More than Rs.1,08,000/-
- Builder not giving penalty for late possession saying that you (R) are a second buyer so you are not entitle for it for next 2 years from purchase of this Unit. I bought on 31/10/2017 so he denied up to 31/10/2019. Only 4 months penalty from 01/11/19 to 29/02/20 he is ready to pay.
All of you have given valuable advice to me, thanks. But I am confused because:-

- Some of lawyers are saying that you cannot file case after possession.
- Some are saying that your case will be week after possession.
- Some are saying that you that If chose to file consumer case claiming penalty etc then limitation is two years only so you can file after taking of possession also within two years.
- One more person has advised me that after taking possession, it is impossible to file a case as builder will definitely take NOC/Indemnity from you for not filing any case to give possession.
- I will have to pay last instalment because builder will impose penalty on me for late payment of last instalment.
- I and my case are belonging to Jhajjar in Haryana and I am living in Raigad distt of Maharashtra for pvt service. Due Corona Pandemic it is not possible to come in Haryana immediate.

Then what options are with me:-
1) Can pay full amount first to avoid late penalty and file case after possession in consumer court?
2) Can pay full amount first and file case before taking possession in consumer court?
3) Can I file case in Maharashtra consumer court? Is it possible?
4) If I pay last instalment after reducing late penalty of 1.5 lakhs approx. what will happen?

Please help me for 1,2,3,4 requests.