delayed possessio of Flat

3 years ago

I pre-booked flat in Mumbai on 03/04/2014 during that time RERA was not in existence due to which there was no possession date mentioned on the booking form.
Later the registration of the said flat was done on 27/01/2016 ( do not know if RERA existed) in which the date of possession was said to be Aug 2019 however as of 12/11/2020 they have still not provided me the possession. They had additional 6 months of grace period which also ended on Feb 2020 (COVID-19 19 came into effect on March 25, 2020) & The builder finally received an OC in July 2020
1. My registration agreement mentions that we have right to terminate the agreement and ask for compensation and builder will have to pay the penalty on the same. (no specific details mention)
2. The plan of the building was 22 floors however this was later changed to 40 floors adding to the delay.
3. Payment schedule was provided to me with any dates.
4. All the payments have been done from our side till date as per the demand letters but after all this was done on 29th August 2020, Relationship manager from Builder side said that we must pay Rs. 92000/- as interest charges.
5. This interest charges (21%) was communicated to us for 1st time in June 2017, I had provided all the justification and clarification regarding the delays ( NRI owner Delay in Registration process & Home loan approval as they only had agreement with one bank) , Our request was under management review and since then was never communicated back to me. I had emailed builder's relationship manager in April 2018 and again later in December 2018 asking for a resolution, no answer for provided to me from Builder side.
5. Being a well renowned Builder, the Relationship lacked professionalism, also being an NRI, we had no visibility of the payments. (they did not have any online Portal for the customer)
6. None of the Demand letters after June 2107, mention about Interest charges to be paid by us.
7. I requested the Builder to waive off the interest charges as there was no clarity on resolution was provided or communicated to me. This request is rejected.
8. Builder has not done any official communication regarding date of possession in letter or over email.
The builder said they will not pay us any compensation for the losses we have incurred since Aug 2019, As an NRI, we invested in the property to put in on Leasing & we have lost 1 yr and 3 months of monthly rental because of possession delay.
May I kindly request to let me know, how can we ask the Builder to pay us compensation and not terminate our contract?
How can Builder asking me to pay for interest charges, when they never provided me correct justification or clarification? and why in 2020 when all the payments were done with minimum delay
Am I covered under RERA Act? I already official complaint via Maha RERA online platform? what will be the delay in processing?
I look forward to your answers
Thanks in Advanced
Mr. Kelkar