• Offer of pre-possession in lieu of possession

Hi, I had bought a flat on 30:70 scheme in Jaypee wishtown project Noida. The builder as per agreement is supposed to demand final 70% payment on offer of possession to me. Now he has ccome up with a new term called "pre possession offer" where he is asking for full 70% payment in advance and then only he will complete the flat finishing works. On checking I found major works like tiling false roofing unfinished. I asked the builder to complete and then only demand payment. Instead he levied interest @12% and has steadily increased the amount to be paid. My question -
1. Can I get him to retract the interest payment , through legal action if necessary.
2. When he is offering possession what all documents like OC etc are needed to be included where I can put counter pressure on him to first complete the project.
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

1) file complaint against builder before consumer forum for deficency in service and seek stay of demand made for balance 70 per cent and interest levied

2) offer to depsoit the 70 per cewnt in court

3) as and when OC is issued by builder the payment of balance amount can be released

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

A builder cannot force possession of property if the OC or CC is not issued by the local town planning authority.

builder can offer possession only if OC has been issued by muncipal corporation

3) builder cannot arbitraily change it to pre possession demand

4) A buyer may send a written communication to the builder that he will accept possession of property once the OC or CC is issued

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Ask the builder to stick to the agreement and take the payment after offering possession of your booked flat. Possession of the flat can be offered only after completion of the same and after availing OC from the plan sanctioning authority. If he demands payment without completing construction of the flat and offering to give possession thereof, then file a complaint case before the local district consumer dispute redressal forum alleging deficiency in service and unfair business practice praying for direction upon the builder to complete construction of the flat and collection of OC thereof within the scheduled period or within another 30 days with a grace period of 6 months with payment of penalty @ Rs.1,000/- per day for the said 6 months with interest, damage and cost.

2. While offering possession of the flat to you, he shall have to complete the construction of the flar and also avail the OC from the authority which has sanctioned the building construction plan. With out availing O.C., the builer can not hand over possession of his constructed flat.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Offer of possession means an offer to you to tale possession of the said flat which shall have to be made ready for your taking possession of. take photographs of your incomplete flat as an evidence that your said flat is not yet ready. Moreover, ask the builder for O.C which he is required to avail before handing over possession to you. He can not change terms and conditions of the agreement which both of you have already entered in to and based on which you have already made payment to him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Concerned,

The Offer on possession is offered when the developer has received the occupancy certificate from the authority - the developer in this case has not received the OC and hence due to need of funds the developer has sent you this pre possession offer. The developer can not change the terms of the payment without informing the buyer and such monopolistic moves are already been recognized as Void by the courts.

What should be done.

Without much delay you should send a legal notice to the developer asking him to withdraw such pre posession offer and sent a possession letter at the time when the property is ready for posession.

File an RTI for record purposes to the Noida Authrotiy seeking the status of the Towers / project in which the Pre possession has been offered.

Following the above you may file a case of cheating against the developer. As the developer is illegally forcing you to pay the money and even when they technically can not (RTI will support here)

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer