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Interest charges on delayed payment on property Interest charges on delayed payment on property

4 months ago

I have bought a property which is in under construction and I gave the gave the booking amount in dec 2021 as the builder assured that they have a tie-up with the loan banks and then they tried to 2-3 banks and after that my loan was sanctioned in March 2022 which delayed in the payment of the builders demand and they started charging interest on the late payment as there after we paid the own contribution and after that the loan bank has to disbursed amount as per the demand but the loan bank was disbursing the amount as per the demand and the builder has charged interest because of the bank's mistake and now they want me to pay the interest which is in high amount. So I'm not responsible for the delayed payment and the loan bank is responsible for the delay but the builder is not waiving off the interest amount so what can I do now?

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
In the given situation, if the housing project is a registered project of RERA then, you have to file a complaint against the Builder before the Adjudicating Officer, RERA for deficiency in service and unfair trade practice or else you have to file a complaint against the Builder as well as the loan disbursing Bank before the Dist. Consumer Commission under Sec.35 of he Consumer Protection Act, 2019 over alleged deficiency in service and unfair trade practice claiming hepty amount of compensation for harassment. The complaint needs to be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date of charging penal interes for delay by the Builder/Developer. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time.
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