• Registration delay

I had purchased an apartment from a builder in noida and paid all the dues and stamp duty in nov 2019 , and all paper work and formalities were completed by that time. however, the registration was not done inspite of repeated reminder to builder. In feb 2020, the registration charges were increased from a fixed 20,000 to 1 % of the property ,which has caused a significant change in the registration charges. 
What is the next line of action, as all the formalities were completed well in time and the delay in registration and subsequent increase in registration charges has caused significant financial burden for no fault of mine. Please opine..
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

File complaint against builder before consumer forum and seek orders to direct builder to pay enhanced registration charges on account of his delay in registering the sale deed 

Ajay Sethi
Advocate, Mumbai
94510 Answers
7484 Consultations

5.0 on 5.0

- As per rule, the builder is bound to adjust the extra difference amount of stamp duty due to his fault. 

- Further , if you cancel the booking due to fault of the builder , then the builder will have to pay entire amount with  10% interest. 

- If builder not ready to pay the extra amount , then lodge your complaint before the Consumer Court for getting order in your support with compensation. 

- However, before filing the compliant , you should send a legal notice to the builder for the same. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

You can file a complaint with rera or consumer complaint for the same and seek direction from them

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

Dear ma'am/sir, 

1. Issue a legal notice calling upon the builder to register the property immediately and pay the enhanced charges due to his fault.

2. If he does not agree to pay the enhanced charges, you can pay the charges as of now and mention that you are paying it under protest only to register the property and that you are reserving your right to recover the same by legal recourse. Ensure that this communication is in writing.  

3. Late, lodge a consumer complaint before the District Consumer Forum to recover the extra amount paid, loss of profits due to delay, compensation for deficiency of service and legal costs.

Hope this answer helps.

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Serve the builder with a legal notice and than file a specific performance suit against him for getting the registration done at his cost.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Please note that if your builder fails to complete or is unable to give possession of the apartment in accordance with the terms of the agreement for sale for any reason, he shall be liable on demand to you:

1) In case you wish to withdraw from the

project, to return the amount received by
him in respect of that apartment with interest at such rate as may be prescribed in this behalf including compensation.


2) In case you don't intend to withdraw from the project, you shall be paid, by the buider, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.

 

Please feel free for any further information in this regard.

Raj Kumar Mishra
Advocate, Allahabad
172 Answers
2 Consultations

4.5 on 5.0

File a case in the consumer forum .

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

File a complaint against the builder in the RERA tribunal immediately. Also it comes under deficiency in services and a complaint can also be filed in the consumer forum.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Please make a representation to Collector of stamp and registration for waiving of penalties and interest on late registration of your property. 

Please put your matter under adjudication before the Collector of stamps and registration for acceptance of registration of documents without interest and penalties because of fault of Builder and non-compliance from them.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Ask builder to pay the increased amount. If you have reminded him timely after paying the full amount and no fault of yours, why should you bare increased amount. First have word with builder and check what type of response you received from him. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

There are a number of options at your disposal however if you want to purchase the apartment without any reservations in your mind in that regard, then I would suggest that you should go ahead with the registration first, and once you have got the deed registered and become the lawful owner, then you may proceed against the builder to claim the extra amount as compensation before the consumer forum since such a act of his would fall under the category of unfair trade practices.

If you confront the builder now, verbally or in writing, there is a slight possibility that he may demand for a declaration or something in writing to the effect that you will not claim any amount from him after the registration and that you have wilfully agreed to pay the increased registration charges and then you will be left with only one choice i.e to approach either RERA or consumer forum and it is an open secret that litigation in the current pandemic situation would take time and might considerably delay the whole process of your getting the deed registered in your favour.

However if you do not mind a little delay in the process and if you absolutely do not want to pay the extra amount from your pocket which is definitely understandable since it is the builders fault, then you may approach either RERA or the consumer forum for seeking directions for payment of the difference amount as well as for getting the deed registered in your favour.

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can file consumer complaint agaisnt the builder to recover extra amount paid plus compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Any document which needs to be registered should be presented within four months of the executing of the same.

Penalty - If you fail to register the document within four months their is provision for fine of ten times of the registration fees.

Stamp duty - Payment of stamp duty within four months will not suffice the need as the ten times penalty is for delay in registration of document.

Grace period - You need to convince the authority with proper reason for delay in registration of document.. 

alternately Issue a legal notice through an advocate and file complaint against builder before consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You can claim the increase of registration charges from builder because registration was delayed due to builder's fault.

2. If he refuse to pay the compensation then you can file suit against builder before consumer forum.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No doubt it is the fault of builder for delaying the registration.

Hence the additional burden of increased stamp duty has to be borne by the buyers alone. 

The registration department will not accept your explanation,

therefore you may have to first issue a legal notice to the builder stating that the stamp duty and the registration charges as applicable was collected from the buyers on so and so date by cheque/DD, hence he is liable for the additional expenses incurred in this regard.

If the builder is not accepting the liability then you first pay the additional expenses and can file a recover suit or a consumer case against the builder for recovery of the additional amount paid or for compensation from builder for his unfair trade practice.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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