• Can a builder ask for holding charges after issuing the NoC? Full payment has been done. Maintenance

Full payment done in 2015 July.
NoC obtained.
Maintenance paid.

Registration done 2019 as flat was not ready and handover was not done.

Now builder is claiming holding charges
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Builder has to deliver possession after issue of OC

 

2) since builder has not done so not entitled to charge holding charges 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

On the contrary you can demand refund with interest . Complaint to RERA. And if builder still adamant , file consumer complain for possession with compensation or refund with interest and compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Builder cannot charge holding charges from you as the occupancy certificate and completion certificate of the flat has still not been issued.

you can file a complaint against him in consumer court for deficiency of services and unfair trade practices 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See.you can give notice or reply to builder that since there was delay in construction so builder is liable to pay you compensation for delay , you are not liable to pay holding xhqrges.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can go too  consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Please check your agreement, if in the agreement your builder has asked you to pay such charges then you are required to pay. In case the agreement does not mention, then you can issue a legal notice  mention in the notice that you are not liable to pay any such charges as per the agreement.

Despite legal notice if he fails, then you can file a case before the consumer forum for deficiency of sevices.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

the builder cannot claim holding charges after issuing NOC. generally the NOC has been issued after clearance of all dues so the NOC shows that you have no dues. you can file a complaint before the RERA authority for such illegal demand. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

No builder cannot claim holding charges as it was his failure that he have not completed the work on time. And it is unfair business practice by builder. 

You can file a complaint before the District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming relief, damage & cost.

But if he refuse to give you possession without payment of holding charges you should ask him to give reciept of the same before paying money and taking possession. After the possession is handed over to you you should file the complaint before consumer Forum. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may issue a legal notice to the builder to deliver possession of flat immediately since all the payments have been done and also the registration is also done, if he fails to respond or comply with the demand made you may drag him to the consumer forum for relief and remedy including compensation for the physical and mental losses you suffered.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that builder is now doing which is not there in the agreement also for sure.
  2. This is grossly the misconduct at his end.
  3. You should file a suit for restricting against him for asking money illegally without having any liabilities from your end now.
  4. Rest, if can get the copy of the agreement then would be able to guide more precisely.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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