Flat possession delayed

builer has to act as per the clauses of the agreement. did you stop payments owing to financial difficulty after the possession date or before? consumer court should be appropriate remedy in your case.

My EMIs are Regular.. BANK didnt do the disbusement on time as they didnt see any progress in the Prj...and for this they are charging me.

Whole story is like this -

Hello Sirs,

Regarding FLAT Possession - Bangalore

I have purchased a FLAT in Jan 2010 with Posession in Dec 2010 doing a  "Agreement to Sell" with "Myself", "SBI Bank" and the "Builder", Builder is not giving possession yet, I had some payment late to him and for that he is charging me 3 L, Now the builder is saying he will waive of the amount if i give him the letter saying i have financial prbm as shown below.

"Dear Shankar,

You have to send us a letter saying you have financial problem, and then we can provide relief to you based on your financial problems.

However we would like to do your registration only after we have finished all items pertaining to your flat.

Kindly meet Mr.XXX and Mr.XXX in the site at the earliest, towards pendng works if any"

I heard from few local lawyers in Bangalore that if I give such letter to him, then he have rights to CANCEL the "Agreement to Sell" and sell it someone. I want to be sure before taking any step. Can you please confirm the same once again. Please dont misunderstand me. 

1. Should i send any letter like this?

2. Does builder has rights to CANCEL "Agrremnt to Sell" and sell it someone? is this true.? can builder do that?

3. My doubt is why builder is asking that letter.? What would he trying to acheive asking Letter from me?

4. How does the letter help him? Can he play any game?

My EMIs till date for 2 yrs are correct.

Below is the email which I am planning to send it to builder:

"Hi,

Since you are ready to consider the late payment and taxes charged to me if I provide the email requested by you, I would not hesitate to send the request to you. 

Note- 

My payment is accurate from the last 2 years.There was a problem from SBI bank and the banker was hesitant to disburse the amount as the project progress was very slow. The possession has also been delayed  from your side despite making 98% payment till date.My financial position is accurate now and the EMIs are proper.So please consider this email as a request letter for further processing and provide me the relief as discussed in presence of MD (Mr. Sunil) in the month of Dec 2011.

Also send me the final copy of the account statement and sale deed. I will settle the pending dues once I receive the documents from you.

The account statement provided by you would be submitted to the SBI bank for further processing and i assure you that it would be done on Priority from SBI.

Thanks

Shankar Savant"

Please provide your valuable feedback.

1. do not send a letter expressing your financial difficulty. if you do wish to send a letter communicate that the progress at the site has not been achieved as per the schedule and a further delay in hand over of possession due to unsatisfactory progress.

2. the builder can terminate your allotment in case of non payment of emi's and will generally levy penalties for installments made after the due date. before termination they usually send you notices to comply warning of termination. thread bare reading of the agreement is required to ascertain the details of your agreement. 

3. whatever be his intention, you do not have to incriminate yourself. ask the bank to give it in writing that emi's disbursed were late as there was no progress at the site as per the agreement.