Consumer protection :: flat possession

Manish (Querist) 03 January 2017 This query is : Resolved
Dear Learned Members,

Greetings!
I booked a flat in a project at Ahmedabad in Oct 2013. Agreement to Sale (ATS) was signed. As per ATS completion/delivery date is June 2016. Payment is based on achieving construction milestone as defined in the schedule.

In Oct 2016 builder/developer Company sent email informing start of registration/possession process and asked for balance payment, stamp duty etc. and interest citing the reason delay in payment.

A home loan was taken to finance this flat purchase. As per bank builder had to submit approved plan in order to release payment which builder representative acknowledged in reply email.

As & when invoice were received it was sent to bank for payment. On couple of occasion payment is released by bank with delay citing (verbal by bank representative) that as per report available with them, construction milestone not achieved and bank released payment after achieving milestones.

Full payment is made including stamp duty, registration charges etc. except the Final payment DD which is ready & lying with Bank. As per the practice, bank will release this final payment upon handover of registered sale deed to bank. Copy of DD emailed to Co.

I have raised question to Co. about authenticity and genuineness of interest being charged citing delay in payment. I asked Co. to show the architect certificate of completion achieving construction milestone. I wrote in my email to Co. that if interest charge is substantiated by Architect certificate and it is found correct, I will pay the interest. I also offered to Co. to complete the registration part so that final DD can be released by bank and Hold the possession part till interest charge matter is resolved. Co. did not respond to these offers.

I also raised a demand note on the Co. citing their delay in possession as per ATS with interest calculation with same rate of interest starting from 1st July 2016 till the date of Oct 2016 when Co. emailed informing registration.

On 12th May 2016 Co. emailed to me and informed they completed the construction and are in process to apply for Building Usage permission with AUDA. Again on 19th June Co. sent email stating that they filed application with AUDA for BU and possession is subject to this BU permission from AUDA.

Thereafter for next 3 months no update from Co, I then wrote to Co. on 10th Sep 2016 reminding them about possession, and then Co. replied saying Guj. Gov. promulgated new rule/regulation making it difficult to comply and obtain BU. I again raised question as why Co. had not responded in March 2016 to Guj. Gov when it issued draft law inviting suggestion and objections, to this Co. gave no reply. Had the Co. responded to this draft in March 2016 this would have saved investor/buyer of the flat.

I like to know what course of action and legal recourse is available to me. I request learned members for their best response.

Sincerely
MANISH NMM

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