Can a builder offer possession before construction is completed
Daksh Goyal
(Querist) 18 July 2013
This query is : Resolved
Hi
I have purchased a flat near chandigarh . As per promotional offer builder agreed to pay Rs 30000/- per month as rent after paying 95% payment . I had paid this amount in March 2012 . Builder commited possesion by 30th June 2013. From April 2012 I started getting rent regularly every month as agrred between us .
Builder stopped payment of rent from July (Rent for June) . Builder has issued possession letter for the building in end of june which we received on 18th July although society is not at all ready where we can stay . Construction is going on . there is no power connection, no water , no roads , no park etc.
Further more in possession letter builder has asked to pay full amount with additional heavy amount as external development charges which were never discussed with us at the time of booking. Builder has asked in letter to pay full amount within 15 days of despatch of letter or we will have to pay interest although we received it after 20 days
My queries are :
Can a builder offer possession before the construction is completed . Is there any Govt agency who certifies that buildings are ready to live.
Do we have to pay external development charges or we can avoid them .
Where can we readdress our griefs as builder is not ready to listen. Buiilder has stopped responding to our calls
Please revert with your expert opinions as this will help about 300 flat owners
Thanks & regards
DGoyal
Mob 9878288446
ajay sethi
(Expert) 18 July 2013
builder can grant possession only after issue of occupation certificate by municipal corporation . if builder is refusing to listen to your grievances move consumer forum against the builder . lodge complaint with municipal corporation
Daksh Goyal
(Querist) 18 July 2013
Thanks Mr Sethi
Could you please also comment on extra development charges raised by builder.Are we oblidged to pay that .
ajay sethi
(Expert) 18 July 2013
it would depend upon the terms of agreement executed with the builder . if agreement is silent you are not liable to pay
Rajendra K Goyal
(Expert) 18 July 2013
Generally the agreements contains certain terms by benefit of which the builders increase such charges. Look into the agreement and if against the terms adopt legal path.
R.K Nanda
(Expert) 18 July 2013
nothing to add.
Daksh Goyal
(Querist) 19 July 2013
thanks all for response
can a builder delay physical possession of flat after we pay him final amount on his offer of possession . if yes for how many days
ajay sethi
(Expert) 19 July 2013
if you have made full and final payment and occupation certificate is issued by muncipal corporation then builder should deliver possession forthwith . if he fails to deliver then move consumer forum for necessary reliefs
Daksh Goyal
(Querist) 22 July 2013
Ajay ji , getting OC is whose responsibility ? Developer or buyer?
Does this rule differ from one state to other
ajay sethi
(Expert) 22 July 2013
it is builder responsibility . he has constructed the building . he has to satisfy the muncipial corporation that building has been completed as per sanctioned plans
