Extra charges for registration of conveyance deed
Murti Devi
(Querist) 14 February 2015
This query is : Resolved
Dear Sirs,
I have a flat in Gurgaon. Apart from Stamp Duty and Registration charges, the builder is asking Rs. 1.63 lakhs as Admn. charges for registration of my conveyane deed. There is no provision of any such charges in any clause of the Apartment Buyer's Agreement between the builder and myself. The builder is also not permitting me to get my conveyance deed registered through my own lawyer.
Please advise me what legal action can be taken in such matters. If I go to Consumer Court, first I have to make the payment of these charges to the builder and after filing the complaint, I have to wait for the orders of Consumer Court which takes 3-4 years.
Advocate M.Bhadra
(Expert) 14 February 2015
Send a Legal Notice to the Builder, if he would not comply then file a case Consumer Forum, to file a case there is no provision of deposit of money. consumer Forum take measure for quick disposal, however it may take 2-3 years.
Rajendra K Goyal
(Expert) 14 February 2015
While agreeing with the expert Advocate M.Bhadra, due to the large pending cases consumer court may take 3-4 years in deciding the dispute.
Devajyoti Barman
(Expert) 14 February 2015
Do not agree to such exorbitant demands of the builder. It is trying to fleece you.
ajay sethi
(Expert) 15 February 2015
pay the said amount under protest . take possession of flat . then move consumer forum against the builder and seek refund of amount paid with interest
Guest
(Expert) 15 February 2015
Well Advised By Experts Advocate M.Bhadra and Mr.Devajyoti Barman
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
You may proceed as advised by expert Mr. Ajay Sethi if you intend to occupy the flat urgently or you may take time to decide the other legal options before you.
Advocate M.Bhadra
(Expert) 18 February 2015
Paying extra money and after taking possession your case may not would have merit, then you have to go Civil Court for recovery of money which is lengthy process of laws.Better file a case in consumer Forum before taking possession.
Murti Devi
(Querist) 19 February 2015
Dear Sirs,
Many thanks for your valuable advises.
In my case, I have already taken the
possession of my flat. Now I want to do
registration of conveyance deed of my flat
for which the builder is asking 1.5% of
basic sale price of the flat as Admn. charges in addition to Stamp Duty and registration charges. There are several flat owners who wants to get their flat registered but due to these huge extra amount, flat owners are avoiding the registrations.
Can stay orders be taken on payment of these Admn. charges in any Court?
Please advise
Anirudh
(Expert) 19 February 2015
1. I do not know whether the builder has been demanding IN WRITING OR ORALLY the 1.5% towards Admn. charges.
2. If it is in writing, then it is well and good.
3. How many flat owners are there, who are suffering due to this demand by the Builder.
4. Why can't all of you join together, and then Approach the Civil Court for specific performance of the contract - seeking a direction to the Builder to execute and Register the Sale Deed WITHOUT INSISTING ON ADMN. CHARGES.
5. No useful purpose would be served by writing in this Website or other websites. All of you have to come together, apply your collective head, take a decision, consult a local lawyer and move forward. Otherwise, you will continue to be discussing this problem for years to come without any concrete result.
prabhakar singh
(Expert) 19 February 2015
The case does not appear to be fit for forum.
Remedy for specific performance of agreement
via civil suit can be invoked.
But it should be understood that each suit could be filed separately because each of you must be having separate agreements.
Court Fees would be payable ad valorem.
To make builder liable for the cost of suit
a notice should be sent to him refusing his demand of administrative charges as wrong,asking him to fix a date and time of registration,failing which suit would be filed making him liable for all costs of the suit.
Advocate Kappil Cchandna
(Expert) 15 February 2015
