Please reply for few of my queries

Rajendra Kumar K V N (Querist) 01 December 2017 This query is : Resolved
This is regarding the flat booked by me in Bangalore, during June 2015

Query no. (1) As per Karnataka state Gazette, dated Tuesday, 11th July 2017, Chapter V, on page 9, Section 16, which is reproduced below for your kind reference,
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rate of interest payable by promoter is State Bank of India's highest marginal cost of lending plus two percent.

But as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za), (i)which is reproduced below for your kind reference, rate of interest payable by promoter is

(za) "interest" means the rates of interest payable by the promoter or the allottee, as the case may be.

Explanation.—For the purpose of this clause—

(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;

(ii) the interest payable by the promoter to the allottee shall be from thedate the promoter received the amount or any part thereof till the date the amountor part thereof and interest thereon is refunded, and the interest payable by the allottee to the promoter shall be from the date the allottee defaults in payment tothe promoter till the date it is paid;

Please inform me which is to be followed in Bangalore, state of Karnataka.
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Query no. (2) And whether it is to be compounded monthly or quarterly, or half-yearly or annually. Please inform me.
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Query no. (3) In one of the clauses written in sale agreement made at the time of booking the flat, the promoter he says that he will increase the price by 15%, if the customer delays payment by one month. This is an extremely one-sided clause. Now, since (as per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below for your kind reference,

(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;

in model SALE AGREEMENT, page no. 19 paragraph no. 31,which states that

31.SAVINGS: Any application letter, allotment letter, agreement, or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be, prior tothe execution and registration of this Agreement for Sale for such apartment, plot orbuilding, as the case may be, shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or theregulations made there under.

AND also since, as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (za),which is reproduced below for your kind reference, (i) rate of interest payable by promoter is

(i) the rate of interest chargeable from the allottee by the promoter, in caseof default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default;

can I claim for increase in the compensation by 15%,per month, since that also becomes the interest charged by the promoter, in case of delaying of due payments from the customer.
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Query no. (4) Original copy of the booking form, filled up at the time of booking the flat, is not with me now. But, the promoter has sent it to me by e-mail. Whether the email copy of booking form, is valid for showing details of calculations in Consumer forum.
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Query no. (5) The booking form, filled up at the time of booking the flat, does not show carpet area at all. But it can be calculated by taking measurements at flat, which is nearing completion, & it comes to around 350 sq.ft. approximately. But, the booking form mentions built up area or super built up area (not clearly mentioned) as 530 sq.ft, plus 175 sq.ft open terrace. It is definitely sure that it is not carpet area, since carpet area is around 350 sq.ft.

And the booking form also mentions cost of flat as Rs 12.92 lakhs. But on the back side of booking form, rate per square feet is shown as Rs.2,250/- per square feet, and the builder has taken my signature on this page. I have attached a copy for your kind reference

Now, please advise me, as per law, which rate is correct. whether
(1) Rs.12.92 lakhs divided by 350 sq.ft (where the rate gets calculated as Rs.3,715/- per sq.ft–which is not written anywhere in the booking form or sale agreement) or
(2) Rs.2,250/- per square feet, since the builder has taken my signature on this page.
(3) Rs.13 lakhs divided by 530 sq.ft (as per the practice followed during pre- RERA period.

As per me, he cannot claim a higher rate than Rs.2,250/- per square feet, since the builder has taken my signature on this page. Please confirm.
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Query no. (6) In one of the emails sent to me, builder has confirmed that cost of flat as Rs.9 lakhs (for an area of 530 sq.ft) & cost of open terrace as Rs. 3 lakhs. (for an area of 175 sq.ft). Thereby, without his mentioning the rate comes to Rs.1,730/- per sq.ft. Can I claim this rate of Rs. 1,730/- per sq.ft & get it multiplied by the carpet area for calculating cost now, for registration & final payment purposes.
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Query no. (7) In the booking form, filled up at the time of booking the flat, the builder has written as Total discount of Rs.1,25,000/-. Since it is signed by both me & builder, can I claim that discount, now in post RERA period.
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Query no. (8) In the booking form, filled up at the time of booking the flat, the builder has written as cost of OPEN car parking as Rs.1,25,000/-. Since RERA excludes it, (as per Gazette of India, dated Saturday, 26th March 2016, Page 4, section 2, sub-section (y), which is reproduced below, can I get that exempted for calculating for registration & for final payment purposes.

(y) "garage" means a place within a project having a roof and walls on three sidesfor parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas;
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Query no. (9) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,

(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;

in model SALE AGREEMENT, page no. 6 paragraph no. 1.2 (ii),which is reproduced below,

(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of theProject payable by the Promoter, by whatever name called) up to the date of handing over the possession of the apartment/plot to the allottee and the project to the association of allottees or the competent authority, as the casemay be, after obtaining the completion certificate:

and also as per page no.7 paragraph no. 1.2 (iv), states that

(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providingelectric wiring, electrical connectivity to the apartment, lift, water line andplumbing, finishing with paint, marbles, tiles, doors, windows, fire detectionand firefighting equipment in the common areas, maintenance charges as perpara 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.

Hence, whether VAT & Service Tax is to be paid by Promoter or customer. Please clarify.
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Query no. (10) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016), which is reproduced below,

(h) the form and particulars of agreement for sale under sub-section (2) ofsection 13;

in model SALE AGREEMENT, page no. 9 paragraph no. 1.10,which is reproduced below

1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and beliable for the cost of any legal proceedings which may be taken therefor by such authority or person.

and also as per page no.7 paragraph no. 1.2 (iv),which states that.

(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities andspecifications to be provided within the [Apartment/Plot] and the Project.

Hence, whether cost of common facilities, such as listed below is to be paid by customer or whether it is excluded, like cost of open car parking. Please clarify.

· BESCOM & BWSSB deposit @ Rs. 150/- per sq. ft.
· Generator & power back up: Rs.25,000/-
· Khatha & Legal expenses : Rs.50,000/-
· Club house – Lifetime Membership & Amenities : Rs.50,000/-
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Query no. (11) As per section 13 (2) on page 14 of Gazette of India, dated Saturday, 26th March 2016) which is reproduced below

(h) the form and particulars of agreement for sale under sub-section (2) of section 13;

in model SALE AGREEMENT, page no. 15 paragraph no. 11,

11.MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT:
The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees upon the issuance of the completion certificate of the project. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot].

Hence, it is hereby understood that cost of maintenance is to be paid by promoter till formation of Association of allottees. Please confirm, since the builder is asking for cost of first year maintenance fees from me, before calling for registration of my flat.

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