I had book the Flat in 2004, in mumbai, builder started construction in 2006, my flat agrement was registar in 2008, we have paid 63% payment till 2008, the builder was to given pocession in june 2009, But suddenly the work was stop in oct 2008, due to Dispute Between the Partners, The Project was started in end of 2009, with very very slow pace, with work halting now and than , the flat owners form the association and started agitation with the builder, finally after much pursuing and agitation the work started and the part project (1 out 7 building ) was complete for pocession in june 2012, but the building lacks the basic amminities also,
The Builder has not Yet Filed for OC certificate, i want to take pocession by paying the balance 35% + watever the socienty charges applicable,
so i went to the builder with the cheques for the same, but the builder refuse to accept saying, that now the building is complete and ready for pocsssion and as i had paid only 63% payment, i need to pay 3000rs per sq as penalty, which also builder has impose on me in verbal, and not given any explaniation, i had meeting with builders and his partners, but they r not listening to me and said that this is like annadi court were they can charge anything they want, i said them that thier project was in problem, and builder is just sending reminder to all the flat owners to complete 95% payments, and i m paying them 100% payment + society charges , than how can they deny me pocession, when thier oc certificate or nor the official pocession has started , this is injustice which is been done, they r not ready to listen, as they have malafide intention, they are giving me pressure that they will terminate the agrement,
kindly advise, when i ready to pay 100% paymen+society charges, can builder deny pocession
Also when building is not ready for pocession,
Pls Advise
