Builder not paying penalty for delayed delivery

I purchased the flat No #802 of T2 building of RPS Savana located at Sector # 88 , Faridabad (Hariyana) in the year of 2007 by RPS Builder.

I got offer of possession of my flat after 8 years which is delayed period by more than 5 years. Builder have already increased the extra area of 23 sq feet with already defined size of 1250 sq feet of flat.
So the total area of the flat = 1250 sq feet + 23 sq feet = 1273 sq feet
Based on the clause 13 and 14 of Buyer agreement builder was supposed to give me penalty of Rs 5 per square feet after 36 months of signed the agreement in case of delay of the possession of flat.

Builder should give Penalty amount due to delay of more than 5 years (60 months) =1273 Rs * 5 * 60 months= 381900 Rupees.

I have already paid the entire EDC and IDC charge with installment of construction link plan according to clause of buyer agreement. Builder have unnecessary added these following charges which are not mentioned at all in Buyer agreement and these charges against the violation to cheat to the customer to take the extra amount in the last installment.

SNO- Items- Charges
1- ECC & FCC @Rs 129 psf – Rs 172336 ,
2- Prepaid meter card deposit – Rs 50000,
3- Labour cess @ Rs 12 psf – Rs 15276 ,
4- Adminstration charge – Rs 16854,
Total unnecessary charge – Rs 254466

Total amount which need to be decreased by builder including penalty amount due to delay of more than five years based on clause 13 and 14 of Buyer agreement with Total unnecessary charge for last installment payment= Rs 381900 (Penalty amount due to delay of more than5 years ) + Rs 254466 (Total unnecessary charge) = Rs 636366.

I have all the documents from beginning to end as evident proof. You know honesty is the best policy. I request two times to builder through email and personal discussion in his office to reduce Rs 636366 amount based on the buyer agreement. But I didn’t get any response by builder. RPS Builder should reduce Rupees 636366 amount in the last installment. I think you can understand my situation and hope to resolve soon.
If you have any question or query from my side, please let me know.

Rajneesh Kumar
Peak Tower, Hiland Park, 1925 Chakgaria, Kolkatta -700094, West Bengal
Email: yourrajneesh@gmail.com
104.177.180.141 / 09/08/2015 / 10:41 am

6 comments for “Builder not paying penalty for delayed delivery

  1. K C Kaushik
    22/12/2015 at 3:58 pm

    I saw your complaint about RPS today.Like you I am also a victim of RPS.Since some time has already elapsed I am keen to know status of your complaint

  2. Raj
    23/12/2015 at 1:38 pm

    RPS Builder didn’t pay me any single amount of penalty after delay of Five more years than the required time. He charged all the amount even all delayed payment from my side and also around 4 to 5 lakhs rupees extra by me. Builder performed fraud and completely cheated in all aspects. Even builder started to threat me that if you don’t pay all extra and delayed payment amount then we will cancel your booking.

  3. Raj
    23/12/2015 at 2:14 pm

    Hi Kausik ,
    Please send me your phone number so that I can contact you.

    With best regards
    Raj

  4. Gaurav
    06/12/2016 at 1:20 pm

    Hi

    I’m about to get possession of my apartment.Expecting the penalty clause to execute as committed… Did you take any action against RPS? Was the penalty amount finally settled or no? Is it a regular practice with them?

  5. Akash
    21/12/2016 at 1:42 pm

    I booked my flat in 2006, and signed the buyers agreement in Nov 2006. I still have not received the possession till date as of Dec 2016. As per buyer agreement RPS should pay the penalty for delay starting from 3 years after signing of buyers agreement. So far RPS has delayed the possession for more than 7 years. In fact penalty amount is too less compare to what we have paid as interest and rent due to thier delay in giving possession. Many times RPS demanded the construction linked amount before completion of that construction linked millstones. Quality of construction is too bad not even half of the mark they promised or presented as sample flat at time of booking. Common land or community land they also sold to private parties. Earlier they claimed 85% great land and 15% construction area. It is not close to the brochures they have given at time of booking. Overall they are cheating from all fronts

  6. SANDEEP
    04/01/2017 at 12:30 pm

    Dear Akash & Gaurav
    Both of you are absolutely right, its a right time to move to consumer court mentioning all the issues and counter claim.
    Writing or sending reminder to developer is of no us, He will transfer the mater to arbitrator appointed by himself only and together his lawyer and arbitrator with make your life hell.

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