Builder creating problems for making sale cum construction agreement
BUSI REDDY NITYA POOJA REDDY
(Querist) 22 January 2012
This query is : Resolved
Dear Sir,
I have booked one flat at builder, Tirupati on dt.30.05.2011 and Payment of Installment through Home Loan from Banks.
The Flat Area is 1166 Sft @ Rs.1759/- = 20,50,994
Other Charges
Club Membership = 25000
Electricity+Water+Sewarage = 75000 1,00,000
Cost of One Stilt Car Park is = 60,000
Grand Total = 22,10,994
At the time of booking they have given Payment Schedule with conditions as mentioned below:
Mode of Payment/Payment Schedule %
Booking Amount 1,00,000
Within 30 days of date of booking* 15
Towards Completion of 1st Slab 15
Towards Completion of 3rd Slab 15
Towards Completion of 5th Slab 15
Towards Completion of 7th Slab 15
Towards Completion of 9th Slab 15
On Possession 10
* Less Booking Amount 1,00,000/-
Note:
a). Payment Schedule will be linked with the progress of construction.
b). Stamp duty & Registration charges extra. Tax is not included in the payment schedule and will be charged as & when applicable and is subject to changes as per Government regulation.
As per above payment schedule & conditions I have given the Cheque of Rs. 1lakh and confirmed the booking. After paying the booking amount they have given one old agreement (made with other customer) for sample. As per Their words on dt. 30.05.2011 and as per this sample agreement the Other charges like Club Membership, Electricity+Water+Sewarage, Cost of One Stilt Car Park amount to be paid at the time of handing over the premises.
As per above Payment Schedule and conditions my Installment amounts will come as mentioned below:
Mode of Payment/Payment Schedule % Amount of Installment
Booking Amount 1,00,000 1,00,000.00
Within 30 days of date of booking* 15 2,07,649.00
Towards Completion of 1st Slab 15 3,07,649.00
Towards Completion of 3rd Slab 15 3,07,649.00
Towards Completion of 5th Slab 15 3,07,649.00
Towards Completion of 7th Slab 15 3,07,649.00
Towards Completion of 9th Slab 15 3,07,649.00
On Possession 10 2,05,100.00
* Less Booking Amount 1,00,000/- Total 20,50,994.00
As per Payment schedule, After 30days with grace period of 15days they have send the payment request letter through mail and in that letter they have mentioned the amount of Rs. 2,10,725.59 in place of Rs. 2,07,649.10 it means they have added excess amount of Rs. 3076.49 and Mentioned as a Stamp Duty On Development Agreement @ 1% on Rs. 20,50,994/- = Rs. 20,509.94 and this amount added to Rs. 20,50,994/- and calculate 15% less booking amount finally it comes Rs. 2,10,725.59.
Regarding above Payment request letter, I have discussed with them but not satisfied with their answer and send the cheque as a lump sum amount of Rs. 2,11,000/- with reply letter containing as" This Stamp Duty on Development Agreement @ 1% charges only Subjected to providing relevant supporting & Subjected to acceptance of all customers". After sending payment with objection letter, I have directly (face to face) discussed with company represented person also at project site. And they did not given proper reason to charge this charges and finally diverted the issue on company Sales Executive.
Regarding this Stamp Duty on Development Agreement Charges, I have enquired with other customer who was booked the flat in same block and entered the agreement in November-2010. But they told we did not pay that type of charges. And I have taken one Xerox copy of his agreement also. If I am taking this matter in to builder notice they did not respond properly/not providing any relevant document for these charges.
After paying 15% less booking amount within 30days of booking (with grace period of 15days), they have to be made the Sale Cum Construction Agreement to the Customer. But, Still they did not made the agreement. And one day I was strongly asked to them and they provide one soft copy of agreement for my acceptance.
I have checked that soft copy of agreement and find out "they avoided Initial Payment Schedule (Which is provided to me at the time of flat booking and signed by me)" and entirely changed the Payment Schedule in agreement. This agreement Payment Schedule is as mentioned below:
ANNEXURE – A1
1. Total Sale consideration Rs. 22,31,504.00
(Including Other charges like Club Membership Rs. 25,000/- , Electricity+Water+Sewarage Rs. 75,000/-, Cost of One Stilt Car Park Rs. 60,000/- and Stamp Duty on Development Agreement @ 1% Rs. 20,510/- )
(A). Booking Amount Rs. 1,00,000.00
(B). (20% less Booking Amount) within 30days from booking Rs. 3,46,300.00
(C ). (15%) towards completion of Foundation Rs. 3,34,725.00
(D). (10%) towards completion of 1st floor Slab Rs. 2,23,150.00
(E). (10%) towards completion of 3rd floor Slab Rs. 2,23,150.00
(F). (10%) towards completion of 5th floor Slab Rs. 2,23,150.00
(G). (10%) towards completion of 7th floor Slab Rs. 2,23,150.00
(H). (10%) towards completion of Brick work Rs. 2,23,150.00
(I). (10%) on completion of flooring & tiles Rs. 2,23,150.00
(J). (5%) on possession Rs. 1,11,575.00
I was strongly opposed with above Payment Schedule which is stated in agreement. Why because, when compare with Old Payment Schedule and Old agreement (made with other customer) the following points are differ:
In the above Payment Schedule,
1. The Other Charges like Club Membership, Electricity+Water+Sewarage, Cost of One Stilt Car Park amount is included in Total Sale Consideration. But as per actual this charges to be paid at the time of handing over the premises.
2. Still, they did not respond properly and not given relevant documents/Challan to the Stamp Duty on Development Agreement @ 1% Rs. 20,510/- and other customers also not paid. In this situation, how can them including these charges in Total Sale Consideration.
3. Installment Percentages and Stages of Installments have been changed. Due to this, Up to Completion of 1st floor Slab they have planned for collecting 45% payment in total amount. But as per Old Payment Schedule this is only 27.6%. It means 17.5% excess collected i.e. Approx 4Lakh.
In written, the issues stated in above three points are noticed to the represent of Builder. But finally they told in telephonic discussion as "If you are arranging the cash for payment of Installment we can applicable Old Payment Schedule other wise we cannot applicable. If you are going to pay the installment through Home Loan from Bank then you must accept the Changed Payment Schedule". This is the matter.
But, At the time of Flat Booking, in Booking form, at Source of Financing I have mentioned Rs.7lakh as a Self and Rs.15lakh through Home Loan from Banks. But now how can they divert the issue and argue with me. And, If they did not make the Sale cum Construction Agreement to me then the DATE OF POSSESSION is not confirmed. If I am compromise and signed with the agreement which is containing Changed Payment Schedule then they immediately demanding the payment of Rs.2lakh without work progress. This is the problem.
I have asked a suggestion with my Friend regarding above problem and he suggested to me as "You do not argue with builder for agreement and keep silent. The builder did not stop the construction of block on your single issue. When the builder demanding the payment then you have to ask like 'So many times I have noticed to you but you did not solve my problems and still you did not made the agreement how can I pay without solving this problems ' "like that.
Please give me your valuable suggestion how to enter the agreement.
ajay sethi
(Expert) 22 January 2012
please be brief and to the point . you should learn to summarise your case in brief .
your contention is that revised payment schedule has been thrust upon you contray to old payment schedule . in such a case you can pay under protest .
if you dont want to pay as per revised schedule ask for refund of money with interest . if builder fails to pay move consumer forum for deficency in service
Sudhir Kumar, Advocate
(Expert) 22 January 2012
The members on this site give charitable advise none has time to read and understand this much. Please first check revenue record as to whether at all builder is the real landowner.
Raj Kumar Makkad
(Expert) 22 January 2012
I do agree with the advice of experts.
V R SHROFF
(Expert) 22 January 2012
I TOO, do agree with the advice of experts.
BUSI REDDY NITYA POOJA REDDY
(Querist) 23 January 2012
MY QUERY SUMMARY IS
1. Builder charged 1% as a Stamp Duty on Development Agreement. But they did not provide any relevant document to me and If i am inquiring with other customer they did not paid such charges.
2. Builder came with New payment Schedule for making agreement instead of Old Payment Schedule.
I have opposed with above two points.
Builder creating problems for making agreement. How to solve the problem.
M/s. Y-not legal services
(Expert) 23 January 2012
i understand like this, that you already entered in to a sale agreement with the builder.. now he creating problem to proceed further..
am i right?
if yes mean just file a specific performance suit for execute the sale deed in favour of you by receiving the balance consideration..
before that issue a notice to the builder about your ready and willingness on the condition as per the sale agreement..
-tom-
BUSI REDDY NITYA POOJA REDDY
(Querist) 23 January 2012
No,
Still did not entered in to a sale agreement with the builder.
At the time of booking they have signed with me on Payment Schedule. Now the builder came with another Payment Schedule for making agreement.
ajay sethi
(Expert) 23 January 2012
already replied / you accept revised payment schedule or reject it . ask for refund as terms not acceptable to you
