• Builder not giving possession even after last installment of bank loan

Hello sir,

I had paid agreement value by bank loan in march,2016 and I also paid 18 month society maintenance charge in march, 2016. In the agreement, there were a clause which excludes some charges out of this agreement (extra charges) like development charge, legal charge, transfer fee etc and My builder has sent letter asking me "to take possession by paying dues, if any" without disclosing the amount and not giving me possession from last one year. Now he has asked me to pay 275000 rupees, which is by his will, not mentioned in the agreement. Please guide me what to do ?
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

Ask builder to give break up of Rs 2.75lakhs demanded

2) you can pay under protest take possession of flat then file complaint before consumer forum and seek refund with interest

3) also claim litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. No developer can ask for money without mentioning the heads under which he is claiming money.

2. Refer ti the agreement the charges for extra services.

3.if the sale agreement is silent on it then he will have to give the heads under which he ias claiming money so you can check the reasonableness of the same.

If the developer refuses to divulge information then file case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. builder cannot give possession of the flat without completion of the construction.

2. if there is delay in completion of construction you can claim interest payable from the date of completion mentioned in the sale agreement.

3. if demand of money as 275000 is not mentioned in the sale agreement then he cannot ask to pay such amount.

4. any additional amount can be demanded after amending the sale agreement or by filing a misc. civil suit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) if builder is charging you 24 per cent for delay in making payment he is bound to pay interest at same rate for period of delay in delivery of possession

2) you can atake possession under protest and then file complaint before consumer forum and seek orders to direct builder to pay you interest for delay in deliver of possession for 2 years

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Q. AS per agreement the builder can charge 24% interest on delayed payment, but nothing is mentioned about compensation for delayed possession.

A. when builder can charge rate of interest @24% then you can also charge same interest because every contract has equal implementation and in devoid of any specific term it shall be gathered from harmonious interpretation. therefore same rate of interest will be applicable on the builder also.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If you have paid the entire sale consideration amount as per the sale agreement other than the illegal demand being now charged by the builder, you can very well issue a legal notice to the builder demanding him to hand over possession of the property by executing a rgistered sale deed in your favor.

If he gives any flimsy reason for not doing this, you may drag him to consumer forum demanding the relief and also for compensation for the deficient services her has rendered.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

AS per agreement the builder can charge 24% interest on delayed payment, but nothing is mentioned about compensation for delayed possession. Is it possible to take possession by paying the amount and then claim compensation, and how much I can claim for it

You can claim compensation for the delay in handing over possession and also for delay in completion of construction.

The compensation amount may depend on you that how much you would put the losses due to this delay.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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