1. the registered agreement between builder and you overrides the stipulation of due dates in earlier two letters

2. the rights and obligations of parties are now governed by the registered agreement

3. builder cannot insist to set off and reduce his delay penalty due to the fact that you made payment to him after due date mentioned in his letter, which now stands overridden by the registered agreement

4. builder has to pay you full delay penalty as agreed in agreement without any deductions whatsoever

5. why was he quiet all this while and only now wants to adjust and set off the previous alleged dues against the delay penalty payable by him to you?

6. you have a good case. Please file complaint with RERA and claim full delay penalty

7. no need to pay any money to builder for the previous alleged delay either under protest or even otherwise

1. No, because the very clause empowering the Builder to levy interest from you on account of delayed payment was contained in the sale agreement you signed with him. This clause cannot be pushed to apply retrospectively to payments made before execution of this agreement.

2. Yes, from the date of execution of agreement.

4. Does not matters. The conditions in agreement cannot be applied retrospectively.

5. Do not pay. Send a legal notice to the builder calling upon him to issue the delayed payment interest to you timely without making any adjustments therein.

1) builder can levy penalty if you made payment after due date mentioned in allotment letter

2)you can pay amount under protest . covering letter enclosing cheque should mention paid under protest

3) subsequently you can file complaint before consumer forum seek refund of money paid by you with interest

1. No the builder cannot charge the delay penalty as the subsequent of booking letter the Agreement was made and that overrides the terms of the booking form.

2. Yes when the ATS is signed.

3. The ATS overrides the booking form.

4. Dont pay the amount send a legal notice and file a complaint with RERA authority or better in the Consumer Forum.

5.As builder is not department of government even paying under protest wont be beneficial.

1. Do not pay anything. Instead, FILE matter before Consumer Court, for Builders harassment, intimidation and negligence & arm-twisting and claim damages and compensations.

2. Builder will not be able to levy Penalty, for his own delay in demanding the same and Builder will be forced to come down for negotiations.

Keep Smiling .... Hemant Agarwal

1. if there was no demand for delay payment in writing then the builder can ask for it now. Even if absence of demand letter of payment , there can be no question do delay payment even if you delayed it as per his verbal instructions.

2.Yes

3.yes

4.Do not make any payment as the same would be treated as waiver of your rights.

5. Send him a legal notice refusing to make the payment and if he does not listen and take any peal action then you can file case before the consumer forum.

Dear Sir,

My answers as follows,

1) Can builder charge any delay that happed for crossing due date that was before executing sale agreement? Beacuse for bank payment they did not give any due date after sale agreement.

Ans: The builder cannot charge penalty for the delay which was occurred before executing sale agreement.

2) Even though any due date has to be calculated for example 30days for bank loan approval should be considered cater agreement date right?

Ans; Your concept is correct.

3) Any due date falling before agreement date should be legally invalid and fresh due date has to be issued after agreement right?

Ans: Yes.

4) Can I pay the amount under strong protest as builder is not ready to get convinced and file a case later? What other stand I can take at this instance?

Ans: Yes, you can pay under protest.

5) What is the process of paying any amount under storing protest?

Ans: just send to demand draft with a covering letter of protest and keep a copy with you and also send a copy through e-mail.

Want to understand lagal stance of my case before going for a complain with RERA or Consumer court.

Ans: If you lodge complaint with RERA all issues will be settled shortly. If the project does not come under RERA then you have to issue a legal notice and then lodge a complaint with Consumer Court.

1. The amount as being claimed by the builder is wrong.

2. You may pay the amount under protest, at the time of signing at the document, you can write under protest.

3. Thereafter, you can file a case before the consumer forum for unfair trade practices.

Regards

1. The builder's demand and blames now leveled against the buyer is unjustified and atrocious, you may give a reply notice to his demand refuting his charges and cite the reasons for delay based on the delay in supplying the requisite documents for legal opinion from his side.

2. You are right.

4. Since the fault is on the side of the builder for not supplying the requisite documents for legal scturinbisation, he is at fault and it is incorrect on his part to claim delay. When there was no agreement entered between the buyer and builder then there is no question of delay on the part of the buyer.

5. You can deny to pay, let him hold handing over possession, you can drag him to consumer court for relief and remedy, otherwise you can pay it under protest and file a recovery suit at a alter stage based on your protest and other documentary evidences supporting your claim.

6. You can get an acknowledgment in writing after giving him a letter along with the cheque stating that the same is paid under protest, a copy of the same may be secured for future reference.

1. In view of the fact that an agreement was executed between you and the builder it has an overriding effect on whatever dates which were incorporated in the previous demand letters. The demands made in the previous letters issued by the builder, except to the extent they are saved by the subsequent agreement, are now overridden by the agreement.

2. Builder is bound to pay full penalty to you on account of delay.

3. Refuse to accede to the demand of the builder. Seek your remedies under RERA.

The developer is required to get a completion and occupancy certificate for complete project once the total project is complete.

1) builder has to apply for and obtain occupancy certificate from BBMP after completion of project

2) mere partial OC would not by default operate as complete OC

1. Your initial original question has been duly answered.

2. Your present new question is not related to the initial original question. Please start a new question-thread for the same.

So here my question is as Developer is in an impression like two "Partial Occupancy certificate" combined together will be by default treated as complete "Occupancy certificate" and No need to apply for "Occupancy certificate" for all the blocks and amenities combined together when all constructions are completed.

The builder is wrong if he tells that way.

Once a part of the project is complete, the developer has the right to apply for a partial occupancy ... However, the builder must apply for an OC after the completion of the entire project.

While taking possession of a property, an occupancy certificate is issued by the statutory local development authority. This document gives a builder the permission to let buyers occupy the premises and is mandatory for any building with more than five units.

So here my question is as Developer is in an impression like two "Partial Occupancy certificate" combined together will be by default treated as complete "Occupancy certificate" and No need to apply for "Occupancy certificate" for all the blocks and amenities combined together when all constructions are completed.

Once a specific phase is completed, the concerned authorities (BBMP / BDA-in case of Bangalore) after inspecting the building grants it a Partial OC. Simultaneously, as the next Phase finishes, partial OC is given to that as well and so on. Once the entire project is complete, Partial OC is replaced with one common OC for the entire project

Partial OC is valid until the entire project is completed and the authorities issue the Final OC for the entire project.

As I am not fully convinced with this justification by builder, I request your kind guidance and clarification on this that whether or not it is required by developer to get "Occupancy certificate" when full project is ready as per sanction plan approved by BBMP

Projects that are being built in Phase-wise development, buyers must insist on getting a partial OC till the entire project is completed. Post that, buyers need to insist on getting an OC from their builder.

As per Section 5.7 of the Bangalore Building Bye-laws 2003, “No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected.

Developer is in an impression like two "Partial Occupancy certificate" combined together will be by default treated as complete

This is not true.

Developed is required to get the OC later and two POC are not substitute for the same.

Regards

1. the concept of partial OC is not recognised by RERA

2. When a builder obtains par OC that means he can still carry on construction for the balance project

3. you need to understand meaning of OC - that the building is safe for human habitation

4. if the builder can still carry on construction while getting part OC then how can such a building be called as 'safe for human habitation'

5. so builder is obliged to obtain full OC and then give possession to buyer

6. if the two part OCs have the effect of making the building safe for human habitation - then you can take possession with the condition that if you incur any liability then builder will be responsible