Non compliance to Agreement

I booked a flat in a project named Maxblis White House located in Group Housing Plot No. 17, Sector 75, NOIDA - in March 2011. I paid the booking amount of 10% on 24th March 2011. The booking was confirmed in July 2011. According to the BBA (Builder Buyer Agreement) executed, subsequent payments are to be made as per flexi payment plan opted by me. All subsequent payments are made as and when demand was raised by the builder. Notwithstanding the timeline of its completion of three years, developer has sent the OOP (Offer of Possession) along with final demand notice in February 2015 without receiving the mandatory Completion Certificate. My complaints in this regard are as follows:

1. Despite making almost 10% of the payment in March 2011, my agreement was executed only in June 2012 thereby delaying my recorded date of possession (in the BBA(Builder Buyer Agreement)) by almost 15 months depriving me of proportionate delay penalty by the builder on account of delay in possession.

2. Many buyers who made the payments well after me have been given a possession date much earlier than me - which is blatant injustice on account of developer.

3. Developer is denying any delay penalty and is harassing us by showing undue interest.

4. Despising an already one sided BBA - with hardly any clause to protect the buyer, builder is not ready to honour even that. The OOP received by me mentions many charges which has no mention either in the BBA, nor the initial advertising templates provided - like electricity connection, sewer and water charges, infrastructure charges etc. Even dual meter charges are highly unreasonable.

5. Planning to charge extra for increased area without any increase in the flat area.

6. I am loosing hefty sum on account of delay. I had to stay in govt accomodation and surrender almost Rs. 15000/- a month (which has since been revised to more than Rs. 30000/- a month with effect from 01 Jan 2016). Besides that I am paying a pre-EMI of approximately Rs. 10000/- a month from last three years. The delay penalty as proposed by the builder is Rs. 5/- per square feet per month and hardly caters to these losses incurred by me. Being a middle class bread winner of a family of 6 (including my old age parents) and highly inflationery environment - it is pinching hard on me. That sum is humunguous for a person like me who recievd nothing as paternal legacy. Compensation of Rs. 5/- is sheer mockery of the buyers, while the builder make merry with the hard earned money invested by buyers. So, the compensation should be same as the penalty payable by us for default - including the losses incurred by us owning to such delay. Considering above losses - the cost of apartment gets much more than the recorded cost.

7. Moreover, the builder is unwilling to pay even at the rate of Rs. 5/-, which is sheer criminal on his part.

8. The demand pertaining to the completion of brickwork was raised in fradulent manner. While the construction timelines pertains to whole tower, not specific flat - demand was raised for me as soon as they finished brickwork for my flat (which in fact complete way back, even before the casting of top floors). Even the disbursing bank (ICICI Bank) - from which I took home loan - didn't bother to undertake the required inspection.

9. Similar demand was raised in respect of demand pertaining to plaster - even though lot of plaster work was pending inside the flat and rear side of the apartment. We took pictures of the same and sought appropriate reply from the builder. The mail remain unresponsive. The demand was corrected in due course though - on a threat of legal action from our end.

10. Even though the advertised layout indicated a park at the centre - it was told that it ain't part of the society. There is no green area in the society. Noida Authority too is a party in this goof up.

11. Commercial entities were added in due course, without taking formal consent from the buyers. It was justified by the builder that it is for the convenience of buyers. In the process of creating the commercial entities, the builder stripped the society of its only play area available to kids.

12. We held various meetings with the developer reps and they agreed to pay the delay penalty and reduce some of the unreasonable charges by half. While they kept their word on the charges - they are threatening to charge helfty interests if we talk of delay penalty.


I want to seek intervention of consumer forum in this regard to help me get my flat at the cost agreed upon in BBA, removing all kind of unreasonable charges and asking builder to pay penalty commensurate to the lossess incurred by us on account of delay. Penalty should be till the time builder gives the physical possession of flat to me.