• Waiver of interest & holding charges

I have book flat in subvention scheme wave city Ghaziabad in 2012 and in October 2019 builder has offer possession letter to me.But After delay of 6 years asking for interest which is delayed by bank because builder had not given interest to bank on time.So disbursement released late.Some other issues with wave group ,I was not able to take possession because bank was not ready to release balance loan amount.But now builder is asking for huge holding charges.plz suggest what to do
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

File complaint against builder before RERA and seek orders to direct builder to deliver possession of flat to you and waive interest charges as he delayed possession of flat and bank could not disburse funds due to builder fault 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

For this dispute along with the bank and the Builder you need to approach state consumer dispute redressal Commission making the bank as well as the Builder party to the case it is primer face I clear in your case that the Builder has to give the interest amount to the bank during the period your subvention scheme was in application as well as after the booking in 2012 the Builder has to give the position of the property in 2015 Howrah the project is delayed by another four years the Builder is liable to pay the penalty as per your builder buyer agreement along with the interest to the bank because you are making the bank as a party so bank will come with its written statement in this regard along with the Builder to the court to decide this matter

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

A complaint must be filed against this builder in the rera authority.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See you can file a complaint against the builder to waive the holding charge as builder failed to pay interest it was deficiency on agreed terms on his part. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can object for the same and deny it. You can complaint in consumer court

Prashant Nayak
Advocate, Mumbai
34738 Answers
251 Consultations

approach before District Consumer court. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

File case in rera but before that try permanent lok adalat if you have it nearby. 

Gopender
Advocate, New Delhi
383 Answers

Since this is under subvention scheme, you cannot be held responsible for the non-payment of the loan amount by the bank.

The builder should follow it up with the bank instead of asking you to pay the exorbitant charges.

You can issue a legal notice demanding handing over possession o property.

After that you can plan to initiate legal action as per law.

 

 

T Kalaiselvan
Advocate, Vellore
90277 Answers
2510 Consultations

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