Retrospective Interest on delayed payment by builder

POSTED BY Ankur Maheshwari ON March 6, 2015 3:43 pm NO COMMENTS

I had booked a under-construction flat from a builder in August 2014 through bank loan. Due to delay from the builder my registration happened on 2nd Jan 2015 instead of October 2014 (which was the initial schedule). Demand letters were raised by the builders during this period but since my registration did not take place I was informed by my relationship manager to ignore these demand letters (as the disbursement from the bank would happen post registration only).

Hence I ignored these auto-generated demand letters/e-mails. Post registration (2nd Jan 2015) I got my final agreement and other documents from the builder on 7th Jan 2015. My bank was able to make the payment on 19th Jan 2015. During the process of disbursement I was in constant touch with my relationship manager and i was not informed about any interest penalty on delayed payment. He informed verbally maximum penalty may happen in case of delay beyond 7 days.

Now in the month of March I have got the e-mail from the builder that they are going to levy interest penalty on the delayed payment retrospectively i.e from the actual due date of payment (Oct’14-Mar’15). I was never informed about this delayed penalty with retrospective effect. Moreover, it is nowhere mentioned in the agreement. I feel very cheated.

Please advise whether I should take the issue to consumer forum and fight for it.

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