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Dhiraj (Business)     16 December 2023

Builder is not handing over the flat

I have booked a flat in Bangalore and as per the Sale Agreement signed the handover date was 30/06/2023 and also mentioned in the agreement that there can be a 6 months of grace period which comes to 31/12/2023. As per the RERA the project completion date is 30/09/2023. The builder has also got the OC from BDA and are saying that they have applied for Khata and once they receive it they will start the flat registration which is expected by February end or March 2024. Flats are ready but they have not completed the project which they are saying it will go upto June 2024. They are ready to give the keys to start the interior works but for occupation they will allow only after flat registration.

Now for collecting the keys to start the interior work they are telling to sign some papers, some points which I have objection I am mentioning it here:-

1) If we collect the key we have to pay Rs 3,000/- as electricity charges since the individual electricity meters are not installed and builders are paying at commercial rates.

2) Amenities and other common area development will be completed by June 2024 but they will charge maintenance from the date of registration. STP, WTP, DG, Clubhouse nothing is ready but they will start collecting the maintenance of one year at the time of registration.

3) As per section 12.4 of Sale Agreement the builder has committed that (However, where Purchaser/s do not intend to withdraw from the project, he/she/they shall be paid interest at the rate of prevailing Interest rate of State Bank of India highest marginal cost of lending rate plus two percent by the Sellers/Builder for every month of delay, till the handing over of the possession. The interest payable by the Sellers/Builder to the Purchaser/s shall be from the date the Sellers/Builder received the amount or any part thereof till the date the amount or part thereof or interest is refunded.) 

Now the builder is not ready to pay the interest amount to the purchasers, also from which date the interest will be applicable ( Rera date or agreement date or agreement 6 months grace period date) ? 

4) The builder has done deviation for some flats by collecting extra money from some purchasers which not as per the sanctioned drawing but if I want to make some basic changes inside the flat which they are not allowing.

5) As per Statutory Compliance mentioned by SEIAA they have not done any thing. (Visitors parking is not there, Solar is not installed, recycled water for flushing line is not done, Trees are not planted)

6)  In the handover document there is a point that the flat owners (can’t raise any objection or make claim of any kind against builder either before RERA or any other Forum/s in this regard.)

Experts request you to kindly advise me to deal with Builder in this situation.

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2023

You note down the points what you have mentioned here and send a legal notice to the builder demanding the fulfilment of the same and to give a reply within a week failing which you appraoch RERA with a complaint agaisnt the builder.

The builder has to give a reply to the RERA if he has been served with a summons by RERA.

You don't get the property registered now niether you accept the keys or show your urgency to receive them without the completion of the entire pending works. 

1 Like

Dr. J C Vashista (Advocate )     17 December 2023

In the circumstances explained by you, the builder is handing over possession without title of the flat(s) with the sole aim to hoodwink law and terms & conditions of agreement. 

1. Why do you (or other purchasers) agree for flat payment of electricity charges @ 3,000/- per flat/month let the builder may instal individual meter and pay as per consumption?

2. When amenities are not available why to agree for their maintenance ?

3. Issue notice and claim interest as agreed.

4 to 6 

Various legal issues are involved in our questions, it would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.

1 Like

Dhiraj (Business)     18 December 2023

Thanks sir for your advice and guidance

T. Kalaiselvan, Advocate (Advocate)     18 December 2023

You are welcome for the appreciations.


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