Reg registration of flat
Bharat kumar
(Querist) 23 March 2013
This query is : Resolved
Respected Sirs,
I am Retired at an age of 62.
I have booked one Flat in my son's name in Vrindavan in UP 2010.Builder had promised to handover it in 2011 end verblly, no allotment letter given by them.Flat is now ready but the commpn facilitied are not ready; expected by June13. I have paid 95% full payment and 5%possession is due. Also they have not installed 2nd lift in a building of 9 floors as per schedule/ drg. Builder is pressing hard and sending notices with 24%intt for payment of posesion amt.They are allotting 5KW in a 2BHK Flat. But I need only 2BHK as the fixed ch will be less.
So I have given a notice to the builder to
1. Intimate me the rectification of all defects pointed in Dec'12.
2.Allow and arrange only 2 KW power for me in the Flat.
3.Install 2nd Lift as per Drg and space available in the building of 9 floors.
4. Intimate me the Possession amt after adjusting the Penalty amount.
5. Asked for the Project Completion Certificate.
6. No meaning of Intt before completion of project hence remove intt if any on 5% amt.
They have given me a notice to Register the Flat immediately as as per new Para No 43CA, the Tax will be charged from me @34% on the diff of actual sale value and the Stamp Value of the flat.But I have gone through net, it the responsibility of the Builder to first complete the Project and if thereafter I make delay in taking Possession, it should be my liability.
Sir, kindly guide me and Kindly suggest me whether I am wrong? If wrong, what action to be taken by me now.Should I pay the 5% amt immediately?
Bharat
Devajyoti Barman
(Expert) 23 March 2013
You are right. You feel aggrieved by the conduct of the Builder for some time more than file case before the consumer forum. You would get relief soon.
prabhakar singh
(Expert) 23 March 2013
Go to the consumer forum for relief .
ajay sethi
(Expert) 23 March 2013
i would suggest you pay the 5%amount under protest and take posession of flat
you dont have any allotment letter from builder or any agreement till date .
after making payment and taking posession of flat and having regd agreement then move consumer forum
Adv k . mahesh
(Expert) 23 March 2013
yes i agree with Mr Sethi first make registration of your flat then move to consumer forum about the deeds
Raj Kumar Makkad
(Expert) 23 March 2013
You may go to consumer forum even after deposit of remaining amount with interest but under protest on the basis of defects etc. so first get possession with entire due documents.
Bharat kumar
(Querist) 27 March 2013
Sirs,
How to show a protest? Shall I have to deposit the sum with a forwarding letter to the builder showing my "protest". Thus I will have to write that I am depositing this sum with protest?
Am I right?
BKB
ajay sethi
(Expert) 27 March 2013
the letter should mention that payment has been made under protest .
