Hi, generally the balance has  to be cleared ,once the possession letter is received by the allotte..However,if the builder is giving you incomplete possession ,you can hold the complaint and provide a complaint with the authority to complete the flat as per the builder buyer agreement 

You are liable to make the payment on possession of the property after completion certificate has been received from the concerned authorities for the said property as per agreement. 

You do not need to pay the amount to the builder on his Mere asking. The balance amount has only to be paid when the builder has performed his part of the agreement.

Serve a legal notice to the builder refusing making such payment. A complaint can also be lodged against the builder in Consumer Court or RERA for making such demands in contravention of the agreement executed between you and the builder.

1)you have to make balance payment after builder has offered you possession of flat on receipt of OC 

2) do not hold payment and make payment as per terms of your sale deed 

Let the finishing touches be given by the builder in your flat, so that it becomes habitable; and till the said time, you can hold the last tranche of payment.

Legally, builder is free to offer possession after obtaining CC and OC

Yes, you can go as per Agreement to sale... That balance payment at the time of possession.

Hi,it is advisable to file a complaint before RERA Gurgaon, as builder has offered you the posession pre -dated with completion of flat and other common amenities of the project 

If the flat is not ready to enable you carry out the furnishings/fit-outs, you may hold the payment. This would push the builder to complete the flat in all aspects, and handover the flat to you expeditiously That is when you can make the payment of the last and final instalment.  

How has OC been issued of construction of flat is not completed 

2) OC is issued only after building construction is completed 

3) reply to builder to complete construction of flat then you would make balance payment 

Go as per your point 2 ...which is clearly as per your agreement to sale terms and conditions.

Remaining amount is payable on completion of construction what exactly offered at the time of booking.

Balance shall be paid in possession, but delivery of possession mean completion of construction and not delivery of shell.

Letter issued by builder itself a good proof that apartment not ready. You have full right to refuse.

On the contrary,  can complain to RERA.

Dont make payment.

- As per law, a builder cannot demand full and final payment before handing over the possession.

- Further, as per the agreement entered between you and builder , if there is clause of balance/final payment , then both the parties are bound to comply the clause.

- Since, the falt is not habitable and ready, and you have not taken the possession of the same, hence you are not liable to pay the amount at this stage.

- Once, you will make compelete balance payment to the buidler , then you will have to approach Court , in the event of delay in possession by the builder.

- You should send a written reply for his demand notice in advance. 

Finally you are advised :

1.Dont make payment in advance 

2. Yes. hold the payment and reply against his demand in written for future purposes.

- Please follow the contract rule only. If the contract says to pay the remaining at the time of possession as you shared then you are at the liberty to hold the payment. 

- However, if you wish to pay then pay with protest so that in future if you enter into any litigation, you can mention the same which will help you stand in litigation. 

Regards

Vivek Arya

1. No

2. You should pay the balance amount on position as per the agreement only. Serve legal notice to him in order to to avoid paying interest on delayed payments later refusing to pay such amount,it being in contravention of the agreement executed between you and the builder 

No you are not liable to pay if the same is due on possession. 

1 yes you can do that but you need to approach consumer Court

Yes you can hold payment if your flat is not ready for possession. And send a reply with reason of incomplete flat. 

You will be liable for payment when builder deliver you completed flat which is ready for move in condition.

You can refuse to take possession of the flat if the construction is incomplete in all the aspects.

You can inform the builder top complete the unfinished works and then handover the flat even though he may have OC.

1.  In my opinion you should not hurriedly make the balance payment until the flat is completed in all respects.

2. Yes, you can hold it.

You can give it in writing that since the construction is not completed in all respect, you would make the payment for balance sale consideration only at the time of handing over possession.

This evidence will protect your interests.