Pradi (PA) 01 June 2013

Need your valuable advice before taking any action

Dear Sir,

Need your valuable advice before taking any action against builder who is delaying handover of the apartment.As per agreement the property should be given possession by last month itself.But when approached builder he is saying that there were raw materials such as sand steel was unavailable last year so the further delay will be there.But there was not that much demand for raw materials as he procured mostly before itself.Also in agreement we have a clause for delay in raw materials so he is using that to escape from accountability.

Very much annoyed by his response.As we have bought it through Loan . And also staying in a Rented house. So it becomes difficult to meet all the expenses. Need your suggestions/ actions against builder.Hereby attaching the conversation mail we had with builder.

Dear Sir,

As per the construction agreement we had signed last year dated on 25th May 2012, apartment is expected to handed over within a period of 12 months from the above aforesaid date.So we are expecting for the handover of apartment within the mentioned date.So, kindly facilitate the handover of the apartment.

pra

May 28 (4 days ago)

Dear Sir,

Even after repeated requests through mail and phone.There was no response. Also our phone was never picked knowing the reason.The date of possession as per the agreement has been expired . We need our Flat to be given possession in June 2013(as earlier date of possession has been expired).As we have booked the flat on many liabilities, we cannot face any further delay in possession. If the same concern of us is not being addressed then we have to serve you a legal notice for delay in possession.As we have paid all the installments timely for you(avoiding all your penalty threats).

Hoping for amicable resolution for us.

rajeswariltd

May 29 (3 days ago)

to m

Dear,

Ref : Sale Agreement dated : 25.05.2012

We are performing the construction activity in full swing. And are planning to complete the project at the earliest. The construction was delayed in between due to non availability of raw materials like sand,Steels & Bricks etc., from December 2012 onwards. We have clearly mentioned in the construction agreement that the delay in availability of raw materials may delay the completion(In Builders agreement Page No.4,Para No.2,Point No.15 clearly mentioned. Moreover we were forced to progress the construction of Flat No.C1F1 due to the delay on payments made by you., which has caused further delay.

Thanking You,

With Rgds,

pra

Dear Sir,

Earliest in the sense it should have some timeline.As you mentioned there was some delays in raw materials, but that also should have some timeframe. As we cannot stop our intrest payment to financier(bank) as you did not received your materials.Also your payments requests are being directed to financier(bank) with the mentioned date. But due to your debt issues(loans which you acquired from bank) the payment was delayed from the financier(Bank).We need our to possession date which should be within June 2013 month.

We cannot afford to pay both the interest amount for loan amount and stay in a rented house.

Hoping for an amicable resolution.

Now we dont even got a reponse from him after that.

Thanks in advance for ur advice.

Reply Follow

4 Replies

Pradi (PA) 01 June 2013

Also there was no payment delay made by us . As he has got loan for project in the same bank. The bank delayed payment to them that too for a very short period of time some 15 days.

SAA_Bombay (Pro) 03 June 2013

What clause you have for delayed possession of property, in your agreement?

SAA_Bombay (Pro) 03 June 2013

What clause you have for delayed possession of property, in your agreement? Recently, court in New Delhi has mentioned that any developer has to handover the property to owner in max time of 5 years. but your agreement is prior to this judgement, hence, all depands on your agreement. If, nothing to mentioned, you have the weak cards.

Pradi (PA) 03 June 2013

Thanks for ur response sir.

Clauses:

1.The construction and handover of apartment has to be handover within 12 months from agreement date(which is 25 may 2012).

2. If there is any delay in raw materials like sand and steel there may be delay in giving possession.

3. Also if there is any delay in payments then there will be delay in handover -

There was no payment delay made by us . As he has got loan for project in the same bank. The bank delayed payment to them that too for a very short period of time some 15 days.

Ther was no scarcity for raw materials to a large extent.It was but only for a short period of time.