Hike of u/c flat after registration
venkatkrishna
(Querist) 12 May 2012
This query is : Resolved
Dear Sirs
I have booked a Flat under construction from a reputed promoters from Navi Mumbai in the year 2010. After 20% advance (2 Lakh) payment, the flat under construction was registered on my name and I have applied for Bank loan for 8 Lakh which was granted and the bank is paying to the Promoter on phase wise development. In the said town ship there are about 5 to 6 towers each tower contains some flats. The tower where my flat is to be constructed was in trouble for long time due to dispute with the promoters contractor. Rest of towers are completed expect our tower. Now after a gap of almost 2 years, the promoter is completing through some other contractor. So far my payment is Rs. 6.5 lakh (mine 2 lakhs Bank 4.5lakh) but to my shocking a notice was shooted to me for payment of almost 7.5 lakh which is 4 to 5 lakh excess than the amount agreed in the registered document.
Can you advise the remedy please.
sanjeev murthy desai
(Expert) 12 May 2012
Dear Mr. VenkatKrishna,
Its clearly promoters responsibility to completion of the construction of the building as he agreed under registered document. If he failed to do so, then file a consumer case as well as civil case against the promoters.
ajay sethi
(Expert) 12 May 2012
please go through the terms of contract enterd into by you with builder . does it contain escalation clause ?
if it dosent contain escalation clause builder cannot call upon you to pay additional amount .
you can file complaint against builder before consumer forum
A V Vishal
(Expert) 12 May 2012
Even if there is an esclation clause you may file a counter claim for making good the loss on account of the delayed completion of the flat.
Shonee Kapoor
(Expert) 12 May 2012
What are the terms of the contract.
Nothing can be advised in the absence of the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 13 May 2012
Yes!
You do need to re read thoroughly the registered agreement.It may or may not provide for escalations clause.Even if it provides since the project has gone delayed
hence you are not liable to pay any more,if contingency of delay is not met or adequately provided for in the registered agreement,your grievance can be adequately compensated by the Consumer Forum.
