Flat booking
SHUNMUGA SUNDARAM
(Querist) 15 February 2013
This query is : Resolved
I have booked a flat in Chennai.The payment clause in the agreement says that buyer has to pay the construction cost to builder without committing any default and further confirms that buyer will promptly pay the amounts on the dates as per E schedule hereunder on intimation of stage of consturuction by builder without there being any neceesity of any demand as and when it is due and in any case of default in making the payment ,then buyer has to be interest at the rate of 18 % for such delayed payment from respective due date.
However during the stage payment stag in the letter builder has mentioned as per following intimation letter
1 ) Letter dt 24-09-11
Stage payment already received Rs 300000
Balance payment Payable as on date : Rs 1129575
2 ) Letter dt 09-11-11
Stage payment already received Rs 440000
Balance payment Payable as on date : Rs 1108706
3 ) Letter dt 02-01-12
Stage payment already received Rs 1610000
Balance payment Payable as on date : Rs 296100
He has not mentined ianything about intereset in payment due letter.
My argument with builder is that since he has mentioned balance payment as on date ,it includes all interest if any.
Howver now he claims interest .Moreover in the intimation letter he mentioned 10 days as due.But now he calacluates interest based on 7 days
Intially he has also agreed in writing thry E-mail that only 15 % of project is suffient till he gets paln approval.Now he is charging interest for that period also
Is he right to claim interest on me
Can he change due days
Advocate M.Bhadra
(Expert) 15 February 2013
No,he can not,file a case in District Consumer Forum against the Builder for deficiency of service,unfair trade practice and mental agony.
ajay sethi
(Expert) 15 February 2013
under contract you would be liable to pay interest in case of delay in making payment . if you have paid as per schedule no question of payment of interest arises . you have already paid builder Rs 16 lakhs . only Rs 3 lakhs is out standing .
pay full amount take posession of flat if interest amount paybale is not substantial .
even if you fiel case before consumer forum you will have to pay legal fees . hence amicably setle with builder
SHUNMUGA SUNDARAM
(Querist) 15 February 2013
I have made full payment now and the interest portion is only pemding which comes around Rs 45000.My point is since he has mentioned balance amount payable as on date in the intimation letters,I need not pay any interest
SHUNMUGA SUNDARAM
(Querist) 15 February 2013
Moreover now I am working out if India from Aug-12 onwards.How can I get legal remeady
ANIL KUMAR 8867907494
(Expert) 15 February 2013
It not fair on part of builder , he can't charge it amount to illegal trade practice u can inform him interest is not payable for such an such reasons
SHUNMUGA SUNDARAM
(Querist) 26 February 2013
The builder is still adamant and not committing the handing over even after paid the final instalment.It seems he is trying to take advantage of absebce in Chennai.As a NRI what legal remeady I have .Please help
ajay sethi
(Expert) 26 February 2013
interest portion is only pemding which comes around Rs 45000.
pay the interest portion as de4mended and take posession of flat .
even if you engage a lawyer you will end up paying thaty much as legal fees and spend over 2 years in court .
SHUNMUGA SUNDARAM
(Querist) 31 May 2013
As per experts advice I have paid the interest .Now again builder is refusing to hnd over the keys as he ha put un-acceptable cluases in the habding over agreement and the dispute clauses are as follows
I have following clarifications in the MOU and Annexures
1) You have intimated only on 8th May 2013 that that flat is ready and all the dates start from 8th only .Moreover I have not received annexure-4 yet . Hence date of possession will be after receiving the same not 01-Apr-13 as mentioned in annexure-1.
Builder reply-As per agreement of sale from the date of first customer occupancy in the project(phase 2) the maintenance starts and charges are applicable. In Temple green 1st customer moved on march 2013.
2) When we move into apartments we are governed by Bye laws which have to be discussed debated and agreed among the members.Same cannot be unilateral
BUILDER REPLYwe lay the rules and regulations since the project is designed and sold by us, we need to ensure all customers are safe by not being favoritism for only one customer.
3 ) Clause no 19 of MOU
I am free to let out to anybody and agree to intimate the name of tenant to the facility manager .However the lease agreement is a private agreement between the owner and the tenant and there is no need to handover the copy of the same to third party.
Builder replu
It is because we need to take care of the maintenance of the flat upto March 2014, though it is rented out and we also need to ensure we do not let any outsider into the premises breaching safety, which will secure the people staying in our project. We also need to intimate POLICE dept. on the rental people staying in the project, since it has become mandate in Chennai.
4)DTH service
India is democratic country and everybody has his own rights to select the service provider of his choice.No one can create monopoly by force.I will choose the service provider as per my choice only.
BUILDER REPLY-We have done wiring for tata sky upto you tv point and it controls the less number of dish to be kept in the building and no. of wiring flowing from the top floor. You need to understand that 17floor height building and 248 apartment. Signal strength will not be adequate when the dish to tv wiring is long(17th to Ground is 30mtrs). We have set signal booster in the middle of the floors to ensure the signal strength is good(tata sky) and we will not be able to cater 248 apartments to have dish in the top and wiring everywhere. When there is a facility provided for good will of the customer, utilizing the same is always a benefit.
5) Club membership as per Annexure-1
We have already paid club membership which you have agreed by Clause no 5 in the MOU
Whereas the clause no 5 in Ann-1 says that we should pay club membership.Why are you charging 2 times and this is not acceptable
you have paid club membership and the usage charges(some club facilities) are extra on use basis.
6) Leasing out apartment
When I am paying maintainance charges as fixed,why should I pay fixed charges when I am leasing out.Leasing out my flat is my right and I can pay only government taxes and duties only.When I am paying maintenance charges,I need not pay any other charges and this clause is not acceptable.
Builder reply-The fixed fees are decided by us which collected based on the redoing the id cards and club membership attentions.
7) House rules in annexure - 3
I do agree that unlawful or activities against Indian law is not permitted in the flat and I assure you that I will strictly adhere to the same.why should I give in writing to others about my guest. Giving guest name to third party is against my privacy and I can not allow others to enter into my privacy.Hence this clause is also not acceptable.
builder reply It is govt. rule to be submitted to police station even for phase 1 we have submitted to the police station on the rental occupied members details. You are requested to visit Oragadam police station on confirming to the above point. why?
I have not yet received annexure -4 .Pls arrange to send the same and modify the MOU and annexures accordingly.
We have sent the annexure-4 through mail from CRO.TEMPLE GREEN@ARUNEXCELLO.COM today.
We will not be able to change even a single word on the MOU since we have to look for all customers comfort(rental or owner).
I have not asked anything above law.Hope you will understand the same.
Sorry sir, there are points which are asked against the law.
Pls let me know whether I am right in asking or builder is reight
SHUNMUGA SUNDARAM
(Querist) 31 May 2013
While making construction agreement during booking fllowing clause is included
BUYER shall prior to taking possession enter into a MOU with the bUILDER setting out the terms and conditions of handing over and maintenance thereafter to be undertaken by the PSP.
Now builder is quoting above clause and forcing me to agree for the terms set by him
Pls let me Know is builder is having leagal rights in forcing me to sign the handing over agreement
Raj Kumar Makkad
(Expert) 31 May 2013
You are bound by the terms of the already executed agreement but the builder has not been provided with exclusive powers to decide the terms of subsequent MOU. The terms are to be decided by both parties in consultation.
Raj Kumar Makkad
(Expert) 06 June 2013
You have already received many free of cost suggestions. Now engage lawyer by paying his fee for getting more and more suggestions from him. You may even engage more than one for that purpose.
