Builder is asking for extra charges for pocession
sachin shah
(Querist) 20 October 2012
This query is : Resolved
I had book the Flat in Mumbai in year 2004,
the Builder had Started the constuction in 2006. the builder had stop the construction,
in 2008, due to dispute between the partners,
till 2008 we had paid 65% of the payment to the builder, than after much persuaing and agitation by all flat owners buiders started the construction in 2009, but than again stop mid way, finally after much delay the builder completed part project in june 2012, still OC certificate has not come, nor any basic amminites like are properly install,i want to take the compete pocession of my flat, by paying balance 35% amount + society charges , but now builder is playing rouge and telling me to cough up 2000 rs per Sq ft as extra payment, otherwise he will not give pocession,he is saying that if i dont pay the extra charges,than he will cancel my deal
I have Already Registar Agrement and Paid Stamp Duty in Year 2008, Were in Agrement it was Clearly Stated that Pocession wud be june 2009, were as still part pocession is given of the compelete project
kindly pls advise wat to do? and were to approch, we have paid 70% of the amount noted in agrement, pocession was mention to be june 2009, but the project stop mid-way, due to dispute and there was no end to the problem, so in this case we have not paid the balance 30%, also still the building is not ready to occupy, and builder is collecting just 80-95% payments, he is telling us that as we have paid 70%, we have to pay the penalty , We also State that:- 70% payment was completed Way back in 2008 only.there is no mention of any extra premium charges in any way, only delay charges are 18% P.A in case of delay by Flat owners, and 9% P.A in Case of Delay by Builders, the Builders Have ask us Verbally for the Premium and not in writting, nor they have send us any intimation letter that our pocession is ready.. we are going foward and taking the pocession, the last time payment reminder was call on may 2012, than after that no payment reminder or any type of notice is been send..
1) can builder cancel the Valid sale Agrement Which is Registar and Stamp Duty is Paid, For Which We have Already given 70% payment, and Project is Delayed by 3 yrs from builder side.
2) can i Claim the Compensation from builder, and can i also put up case for mental harrasment and agony
pls advice
Advocate Rajkumarlaxman
(Expert) 21 October 2012
IT THE AGREEMENT HAS ANY SUCH CLAUSE THAT INCREASE IN AMOUNT WILL BE THERE DUE TO CHANGES IN THE RATES IN DUE COURSE THEN YOU HAVE TO PAY AND IF NO C=SUCH CLAUSE IS PRESENT AND YOU HAVE ALREADY REGISTERED THEN HE CANNOT EVEN CANCEL IT AND HAS TO GIVE YOU ACCORDING TO THE AGREEMENT REGISTERED. PLEASE READ THE AGREEMENT AND THEN TELL US WE WILL GUIDE YOU IN THAT RESPECT. YOU CAN MOVE AGAINST HIM IF IT IS REGISTERED . DO NOT WORRY. YOU CAN CALL ME UP ON 9920891199 TO CLARIFY YOU DOUBTS TAKE AGREEMENT IN YOUR HAND AND CALL.
Devajyoti Barman
(Expert) 21 October 2012
The developer is making deficiency of service and unfair trade practice.
Lodge complaint with consumer forum.
Guest
(Expert) 21 October 2012
If already paid the full amount, as noted in the agreement, no additional payment becoems due to the developer. You can approach the consumer forum for deficiency of service on the part of the developer and to get direction for handing over possession to you, besides penalty for not handing over possession for the last more than 3 years.
H.M.Patnaik
(Expert) 25 October 2012
Pl. get in touch with an experienced civil lawyer locally and let him examine the regd. agreement with reference to the claims raised by the Builder to advise you properly.
