Legal Question in Real Estate Law in India

I booked flat with M/s 3C Company at NOIDA in year 2009. The PDC was March 2013 and still flat has not been handed over. Although there is a clause for payment of penalty by promoter on account of delay in possession, the promoter is quoting another clause from Builder Buyer Agreement to avoid paying penalty. This clause implies that any customer who has opted for construction linked payment plan and has delayed even a single payment then he loses right to receive penalty from promoter even if the customer has paid penalty for late payments. The clause from builder buyer agreement is reproduced verbatim "Subject to the buyer having complied with his obligations under this agreement, as well as the Allotment Letter, including but not limited to timely payment of the Consideration and other charges as per the Payment Plan opted by the Buyer, in the event of any willful delay in construction of the Apartment for reasons attributable solely to the Company, delay charges would be payable to the buyer "(sic).

Q1. Is the promoter's interpretation of this clause of builder buyer agreement correct?

Q2. Can a promoter impose conditions for payment of penalty from his side while the buyer has to unconditionally pay penalty?

Q3. If the buyer has paid a penalty for a delayed payment than isn't he entitled to penalty from promoter.

Q4. What is the way out? Consumer court or competition commission of India?

Thanks in Advance.

2 Answers from Attorneys

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