Conveyance deed not handed over
Amjed Mallick
(Querist) 11 January 2014
This query is : Resolved
Respected members,
Please advise me on the following. I purchased a flat from a public sector builder in 2010 against full down payment. Possession was given on the same year. Conveyance deed was registered in 2011 and I have got a certified of the deed. Since I took home loan the builder was supposed to send the original deed to the bank. But they have not done it. Instead they have asked me to pay around Rs. 7,000/- which they say due. But they can not explain what is the due since I paid in full before the builder handed over the possession and I have the receipt of the payment. Since they can not explain the due they asked me to pay earlier they have now asked me to pay Rs 22,000 instead. They say this is late payment fee since there as delay in payment in 2010. My question is can they raise such a demand after so many years and that too after possession were given and conveyance deed registered? To add they never raised the late payment issue earlier as it was only a couple of days delay in payment. Do I need to pay to get the original deed document? Else hat option I have?
ajay sethi
(Expert) 12 January 2014
pay under protest . take your original conveyance deed from builder . then issue legal notice for deficiency in service . move consumer forum for necessary reliefs
Advocate M.Bhadra
(Expert) 12 January 2014
If you would not repay the full EMI or loan amount with interest to the Bank then original deed to be retain by the lending Bank as a security.However if your registration is completed then you need not pay extra amount to the Builder.You can send a Legal Notice to the Builder,failing which you can file a case in District Consumer Forum against the Builder.
Rajendra K Goyal
(Expert) 12 January 2014
Well advised by the experts, agree to it.
krishna mohan
(Expert) 13 January 2014
Amount being claimed reported as Rs.7000 and if it is worth paying under protest do so and pursue the process suggested later on. Also verify the agreement signed on the right of the builder to charge interest for delay as even one day counted as delay.
Amjed Mallick
(Querist) 19 January 2014
Thanks for your advice. But I have not paid so far because their demand is not consistent. They can not explain what the due of Rs. 7,000/- is all about which they ask initially. Later they raise another demand of Rs. 22,000/-. Which they say was late payment charge. Here too their calculation is wrong. Hence I can not rely that they will not raise another demand if I pay this. Is it right for the builder to raise new demand after conveyance deed was signed? Particularly when conveyance deed has clause which says that FULL PAYMENT has been made to both the parties satisfaction?
Kiran Kumar
(Expert) 22 January 2014
Better send a legal notice to the builder, you will get to know the reasons for demand.
Ask the builder about some document which entitles him to recover such an amount from you.
