Hi, This is regarding unjustified demand for payment raised by builder. As per the construction linked payment plan, the milestones listed were: 1. Booking Amount 2. Completion of 5th Floor 3. Completion of 10th Floor 4. Completion of 20th Floor 5. Completion of Brickwork My flat was on 7th floor. Our understanding of Completion of Brickwork - as confirmed while purchasing the flat and also confirmed by initial proposal to buy from builder - is this would be on completion of brickwork for whole building. Now the builder has raised this letter, demanding payment saying that the Completion of Brickwork means completion of brickwork of your floor. If that was the case, they should have mentioned it clearly on the contract. Is this correct? They did put in a line at the end of construction linked plan that these demands can be raised irrespective or order. However, i still feel they should have mentioned On Completion of Payment of Brickwork for your floor.
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The interpretation of builder does not seem to be sound. if that is so then it should have been mentioned in the agreement itself.
Since there is no such clarity in the agreement you should take advantage of this and inform the builder to wait till the completion of whole brickowrk.
If the builder does not relent you can file case beofre the consumer forum.
make payment to the builder
2) reason being if you fail to make payment he would charge you interest for delayed payment
3) clause in agreement provides that demand can be made irrespective of order
4) if you have in writing from builder that payment is to be made on completion of brick work for building then you can refuse to make payment at this stage
Brickwork is generally in content with the entire building.. You can approach the consumer court for the illegal demand of builder
At this situation, since the payment plan is loosely worded, your builder is trying to interpret in a way that suits him. Send him a legal notice in the matter; and if he stills insists on payment, approach the consumer court and seek a appropriate relief against the builder.
If you are aggrieved over the issue you may write a letter to the builder clarifying the details as per the agreement entered between builder and buyer or the sale agreement.
If you dont get a proper response or the reply is not satisfactory and the action intended by the builder is causing you worries and losses, you may first send a legal notice seeking clarifications and instructions to abide by the conditions mutually agreed, if not then you may aproach the consumer forum for relief and remedy
