• Holding charges of Rs 50 per sq yard

I purchased 450 Sq. Yard plot in the year' 2010 and as per the terms of agreement after builder gives me notification of the possession, if not taken by me within 60 days from the date of written notification than I have to pay Rs 50 per Sq Yard per day as holding charges for the delays till possession is acquired.

Builder have sent the notification to take possession in Sept' 2013 via e-mail which have gone in junk & not received by me. There is no registry letter or courier proof with the builder.

I was called by builder office in Sept' 2014 and informed about the notification of taking possession and deposit dues. This time I learnt about holding charges and refuted to pay as was not timely informed. 

Yesterday, again builder office has called and reminded that 4.29 lakhs sum is due which I need to deposit. I disagree as I felt it was not fair.

Please advise what is the legal way out.
Asked 2 years ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1. Inform him that you have not received the said email from him and even if it was sent by him it had gone to junk box if he has sent it through mass mailing software,

2. You can offer your mail box to be examined by professionals,

3. You send him a legal letter asking for the possession immediately without changing anything for the aforesaid reason,

4. Ig he fails or refuses, file a complaint case before the local District Consumer Dispute Redressal forum alleging deficiency in service and claiming immediate possession of the plot, danage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12698 Answers
261 Consultations
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1) you have not mentioned whether registered sale deed has been entered into with builder or not 

2) what is the agreement you are reffering to ? is it stamped and regd ? 

3) pay the amount under protest 

4) take possession of flat . 

5) then move consumer forum against builder and seek refund of Rs 4.29 lakhs demanded . 

6) if you dont want to pay under protest move consumer forum against the builder to direct him to hand over possession of the plot in question . 
Ajay Sethi
Advocate, Mumbai
24614 Answers
1320 Consultations
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A. Before booking the flat the builder must communicate all the terms and conditions in respect of buying and acquiring flat procedures.

B. After the purchase of the flat, the builder notification towards the possession is illegal notification, you can approach the Consumer Forum against the builder.

C. E- mail communication is not an issue because of the notification has no legal validity and you are only liable to pay the maintenance amount in the absence of a maintenance clause in the Sale Deed.

D. You can send a legal notice to the builder under the unfair trade practice and deficiency in the Service and then, you can approach the Consumer Forum.
B.T. Ravi
Advocate, Bangalore
742 Answers
32 Consultations
5.0 on 5.0

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