Possession of flat in noida section 137
Ravinder Kumar Rohilla
(Querist) 30 March 2015
This query is : Resolved
Dear Lawyer,
Our builder has issued an Offer of Possession with attaching Completion Certificate from Noida Authority. My query is that this OP is valid or not under the UP Apartment Act.
Secondly, the builder is charging 18% interest on late payments. Kindly let me know can a buulder charge 18% interest when I am told there is High Court or Supreme Court judgement that a builder cannot charge more than 12%. If so, kindly let me know the judgement in which case.
With kind regards,
RAVI ROHILLA
Devajyoti Barman
(Expert) 01 April 2015
1. OP is valid.
2. Builder can not charge any interest if the same is not mentioned in the sale agreement. He may charge some amount if there is any clause in the agreement.
You can file case in consumer forum to challenge the same.
Ravinder Kumar Rohilla
(Querist) 01 April 2015
Sorry, Builder is not attaching or providing a copy of the completion certificate with the Offer of Possession. Is it a valid OP?
Rajendra K Goyal
(Expert) 01 April 2015
Ask the copy of completion certificate in writing under acknowledgement.
Ravinder Kumar Rohilla
(Querist) 02 April 2015
Thank you dear Lawyers, As per OP we have to make final payment demanded by the builder within 30 days. The demand letter includes certain charges which were not specified in terms of per Sq.t. in Agreement i.e. Whole Distribution Charges @Rs.54 per/sq.ft.The builder is not giving any bifurcation or justification of this charge. Can we challenge the builder in the Consumer Forum after making payment of these charges and taking possession. The builder would have taken our signatures on certain other documents vis.Fitment Agreement etc.which would be in his favour due to which we may not succeed in Forum.
T. Kalaiselvan, Advocate 
(Expert) 03 April 2015
It is always better to consult a local lawyer for opinions based on the perusal and verification of the documents in person, by which you will get proper idea about proceeding with your proposed investment or not.
