• Illegitimate interest on demand and intimidation by developer

Hello Law experts,

I had booked a residential apartment in Kolkata in 2015. As per the original agreement it was supposed to be completed by Dec'17 with 6 months grace period. From around start of 2017 developer met with an issue and the construction was totally stopped. upon several follow-up I could not get any constructive response from them and after awaiting couple of more years I was almost giving up and trying to withdraw the invested 40% amount. All of a sudden got a call from developer around end of 2019 and was told that they would like to reconcile and agreed to give some compensation for the delays.
Accordingly a supplementary agreement was signed on Jan 2020 with revised cost with some discounts as compensation(Also I had changed my original unit to a new one in same project based on family requirement). 
Upon the signing of that supplementary agreement, in January'20 itself I have cleared 65% of total cost value (as per new unit) and rest amount as per demand raised by developer from then onwards.
I was completely relying on developer inputs on construction update (as being based out of City and travel being restricted due to Covid) and based on that was paying the demand amount as and when possible. Honestly, many a times, I got to know discrepancies between the raised demand construction update against the actual work status, however based on the goodwill that the developer showed in reconciliation, never raised that with them and tried to pay as and when possible. I would not claim that all the demand thereafter was paid right on time, there may have been delays for some payments by few weeks, however my focus was to clear as much as possible even during the prevailing pandemic. By end of 2020 almost 80% was paid and by February 2021, 90% was completely paid. 
From that time onwards, I have been repeatedly trying to get in touch with developer to sit F2F and work for the further action to take handover and possession. But to my surprise the developer started tantrums and refused to sit F2F for any kind of talks and issued a huge late payment charges all the way starting from 2015. All my attempt to reach out to them went futile and all my grievances about wrong demand on false construction status is still answered. Despite that I again written to them and agrees to pay 100% of amount provided they give handover in amicable fashion. Till now 95% of total amount is paid. 
My questions are as follows:
1. What legal action can I take if developer refuses to give handover and continue intimidating with huge interest?
2. Technically can they charge interest from 2015, when new supplement agreement/cost was agreed on 2020?
3. The project is WB HIRA registered and status is showing "Under Construction" and "Completed without CC". Can developer force me pay 100% of sale price and charge interest?
4. What documents should I ask from developer to protect my possession right?


Sincerely appreciate your valuable advice.
Asked 1 month ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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33 Answers

A complaint must be filed against the builder in the RERA tribunal immediately.

No they cannot as completely new terms and conditions were laid down by the builder and a new apartment was booked.

You should send him a legal notice and if he doesn't respond then file a complaint.

Rahul Mishra
Advocate, Lucknow
12649 Answers
31 Consultations

5.0 on 5.0

Start with sending legal notice through big lawyer. Prefer law firm. 

 

1.   As project is WB HIRA registered then you can approach HIRA or consumer court. 

2.   No, they can not. 

3.   depends on agreement terms and conditions. usually last 5% is paid on possession.

4.   Ask for completion certificate and possession letter. CC is must for possession. 

 

 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

File complaint against builder before RERA or consumer forum and seek orders to direct builder to deliver possession of flat to you within stipulated period 

 

2) seek litigation costs and compensation for mental torture undergone by you 

 

3) they cannot charge interest from 2015 when suplementary agreement entered into in 2020 

 

4) insist that builder obtain OC and building completion certificate 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5248 Consultations

5.0 on 5.0

Dear Conerned , 

Replies to your queries below. 

A. Legal Action : You may be advised of what not all from Recovery suit, to consumer case to Bankrupcy suit etc, BUT the first and the best is to got to RERAcourt of WB - majority of the RERAcourts are functioning online and ytou can file your complaint for Delay Penatly and Immediate possession as per the RERA act. This is also the fastest way to give a face value to the Builder Buyer Agreement or any agreement you have been sitting on for years. BY RERAyou will get an order wherein the developer will be asked to pay to delay penalty and hand over the possession. 

 

B. The terms of agreement remains same for everyone be it the builder or the buyer, the builder can not shy away with the terms of 2015 agreement and vice versa and as there has been change in price , the interest if any to be charges will be charged 2020 onwards, moreso old interest if any will be charged at older paid amount. 

 

C. Please read the section 18 of the RERAact - the builder can not force you to pay 100% of the amount if the CC or OC has not been taken by the builder. 

 

d. File a RERA complaint - developer will not give you anything unless court ask them to do so..

 

Best of Luck 

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

1. Court case against the builder, after serving him with a legal notice. You may opt between WB HIRA and Consumer Court. 

2. That will have to been seen by perusing the supplemental agreement which you signed with the builder in 2o2o. Prima facie, it appears that he cannot charge this interest.

3. Last tranche of payment/FnF is generally made at the time of handing over of possession. Thus, demand is illegal if the project/your unit is still not fully finished and ready for delivery of possession. 

4. You have to ask him to execute a sale deed in your favour forthwith

Vibhanshu Srivastava
Advocate, New Delhi
9299 Answers
193 Consultations

5.0 on 5.0

Dear Sir,

1) You can file complaint against builder under RERA tribunal or under the consumer protection at at the consumer court.

2) They cannot charge interest from 2015.

3) you can seek damages and compensation,  order of direction to get the CC and OC as well.

4) No he cannot ask 100% sale price if he has failed to meet the terms of sale agreement.

5) Documents you should ask for-

  • Approved Building Plan
    The builder has to hand over a copy of the construction plan along with block-wise and floor-wise details, approved by the local authority.

  • Completion Certificate
    The local authority issues this as proof that the construction is done as per required norms.

  • Occupancy Certificate
    This certificate is proof that the building is suitable for occupation by the residents.

  • No Objection Certificates
    NOCs are provided from water, fire, pollution and electrical authorities.

Thank you

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Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

Dear Sir,

1. What legal action can I take if developer refuses to give 
handover and continue intimidating with huge interest?

Ans; You can file criminal case and also approach Consumer court.

2. Technically can they charge interest from 2015,
when new supplement agreement/cost was agreed on 2020?

Ans; No, they cannot

3. The project is WB HIRA registered and status is
showing "Under Construction" and "Completed without CC".
Can developer force me pay 100% of sale price and
charge interest?

Ans: No, they cannot


4. What documents should I ask from developer to
protect my possession right?

Ans: You can just take possession and stay there.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

1. A buyer can file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016 or transfer their case from a CDRC to the State Real Estate Regulatory Authority. According to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats.

Alternately a home buyer can file a complaint in consumer forum for deficiency of service by the developer and it can be filed in the District, State or National Consumer Courts, depending upon the value of the subject matter and the compensation that the home buyer is claiming.

 

2. You can refuse to pay the interest on the delayed payment if there was no default in payments made by you, in any case you can demand the details by issuing a legal notice and refuse to pay them since the builder was responsible for the delay in completion of the project. 

 

3. A Completion certificate is a legal document that attests the fact that a building has been constructed in line with construction norms. ... Without a valid certificate, a project or a building is deemed to be illegal and can, therefore, invite penalties or even eviction from the property.

if there is an unreasonable delay by the builder in delivering a real estate unit, then it is entirely up to you whether you choose to take the property’s possession in the future or seek a refund with appropriate compensation. If the building is RERA approved, then a single complaint registration in court can make him lose the registration of the project.

 

4. Buying a house from a builder is a long drawn process which requires various documents to be submitted as well as received to/from representatives of different agencies/institutions. 

Moreover, there are various documents that buyers must ensure they get from the builder after registration of the property and before its actual possession.

Documents such as sale agreement, sale deed, mother deed and tax paid receipts by the builder on total saleable area are to be obtained at the time of property registration, in case of under-construction property.

T Kalaiselvan
Advocate, Vellore
72755 Answers
1110 Consultations

5.0 on 5.0

The actions of your developer is without  any basis of law and hence it amounts to deficiency of service and unfair trade practice.

2. Therefore, you can file a case before the consumer forum seeking your remedy wherein you can get all your grievances as ventilated here redressed in the consumer fora and get amply compensated as well. 

3. From consumer fora you can interim order to protect your possession also. 

Devajyoti Barman
Advocate, Kolkata
22445 Answers
353 Consultations

5.0 on 5.0

- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.

- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest. 

- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder. 

1. You should not pay any interest due to his fault of delay , and further you can cancel the deal with him and can claim full refund with interest from him 

- If refused , then you can file a compliant before the Consumer forum to get full refund and to claim compensation as well. 

2. No

3. Possession Letter with OC 

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

1. Bu enticing you in to signing the fresh agreement, the developer escaped the clutches of law for not complying with the terms of the agreement he had entered in to with you in the year 2015. This is a common practice followed by unscrupulous developers. Has he constructed the flat? Are you sure that he has not sold that flat to someone else also? However, you shall have to file a complaint case against the developer before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the entire amount paid by you with interest, damage and cost, Alternatively, you can claim handover of the ftat with in 2 months hereof and payment of rent from the date the handing over of the flat was due at the rate at which similar flat at the same locality is available on rent.

 

2. When the new  agreement has been signed superseding the earlier agreement, the earlier agreement ceases to exist.

 

3. The copy of the agreement shall have to be perused to properly advise you in this regard.

 

4. The developer will not give you any document to strengthen your claim.  Hope you have the copies of both the agreements and payment proof along with letters issued to and from the developer. You shall have to proceed with that.

 

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

1.  Issuing a legal notice is beneficial to you  because it serves as an opportunity given to the builder/developer to come for a compromise and reconcile the matter fruitfully additionally it will be an evidence that you have exhausted the remedy available before you before approaching the court of law for relief and remedy in this regard.

2. This legal notice should not be sent by email, but to be sent by a registered post with an acknowledgment card, preferably through your lawyer. .

3. The one sided agreement conditions are not binding on the buyer.

The Supreme Court has held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.

4. The developer cannot cancel the agreement unilaterally.

You can file a civil suit against him for specific releif if he resorts to this illegal practice.

5. . To avoid the issues of not present before court at the crucial times, you may better engage the services of an advocate who will take care of the case and will prevent you being embarrassed due to this. 

You cannot ride two horses together, hence you may have to choose between the case and other commitments, so to avoid this situation, you may better take the assistance of an advocate in the local to take care of your legal needs in this aspect. 

6. The one sided agreement can be challenged in the consumer court if the developer is reluctant to hear your concerns over this 

You should insist on producing the  OC/CC before taking possession of the property or else you can refuse to take possession as well as the balance amount because it is the fault of the developer to not to produce the  OC after completion of the construction. 

7. That is a different subject to that of your subject.

 

T Kalaiselvan
Advocate, Vellore
72755 Answers
1110 Consultations

5.0 on 5.0

1. Start with sending legal notice through big lawyer. Prefer law firm. Many times problems solve by this stop only. thatswhy suggested big lawyer/law firm as this have to be strong.


2. No DIY here. send legal notice through big lawyer. Prefer law firm.


3. Its usual tactic. Dont worry, One sided conditions and unreasonable clauses are not binding on the buyer as per SC.


4. They cannot cancel the agreement unilaterally. It can be cancelled as per agreement conditions only so by arbitration.


5. No need to be present everytime. The Lawyer/POA will take care on your behalf.


6. This is also one sided condition. Architect's certificate can be final for the completion of the unit/project because they dont give it without actual completion because they can loose their license for any forgery/wrong certificate. But You should always ask for OC/CC before taking possession.

 

7. There was no need to make HIRA when there was original RERA. Understand this as Hira-pira (Hera-Pheri). The conditions are changed from original RERA by states to prove that people are fool.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

1) legal notice is not mandatory 

 

2) it can be sent through email 

 

3) filing complaint before consumer forum or RERA is additional remedy . It does not bar you from filing complaint 

 

4) your physical presence is not required on all dates . You can engage lawyer to appear on your behalf 

 

5) you can challenge the termination of agreement by builder 

 

6) architect decision cannot be final regarding completion of unit 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5248 Consultations

5.0 on 5.0

 

Replies below 

1. Is legal notice, informing builder is mandatory prior proceeding with legal action (WB-HIRA or consumer court). Nowadays my only communication is primarily e-mail to them as they are not responding seriously over phone and refusing to have discussion, forcing me to take their decision for interest as final.


For RERA no legal notice required, For consumer case yes , you should send.

2. Can the legal notice be served through e-mail? Or should I seek for any legal advice for that?

Yes given the Judgment dated 19.07.2020 by Hon'ble Supreme court ,Notice / summons sent by Whats app and Email are admissible, an affidavit in regard to the same need to be given to the court concerned after sending notice through email / whats app

3. Unfortunately the original agreement (the T&C of which apply mutatis-mutandis to Supplementary agreement signed in 2020 apart from unit/sale price), totally favors developer being drafted by their legal team. It says that should there be any dispute, it is solely developer right to appoint a legal person as arbitrator and his decision would be final, binding to both parties.


these agreements are one sided agreement and as the courts understands the same, such agreements hold no value when it comes to rights of parties.

Does this anyway reduce my right to proceed with complaint to WB-HIRA or consumer court? The developer is in no mood now for discussion as as 95% of sale price been paid.

No

4. Does the developer have rights to terminate the agreement at his own discretion? It is also mentioned in Original agreement signed in 2015.


As per their agreement Yes, but as 95% has been paid any such termination will be illegal and thedeveloper will have to refund 100%received money with interest.

5. In case I file case in online at RERA tribunal (WB-HIRA) or approach consumer court, to what extent my physical presence is required for follow-up? I am based out of my home state for service and need to leave in max. couple of months with elderly parents staying here. Developer knows this point and I desperately need handover by that time.


No - physical presence not required for RERA and for consumer court presence at time of filing will be required.

6. Can the developer appointed architect's decision can be final for the completion of the unit/project and can be binding on me to pay 100% in absence of CC/OC from HIRA? The agreement mentions that way.

No, as per RERA act no offer of possession can be given without OC and CC - only - unless developer plays Deemed Completion Card.

7. Is there any implications on the matter for recent decision by Supreme Court to struck down WB-HIRA?

No - the striking down of WB-HIRA will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of the said judgement.

Best of Luck 

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

Dear Sir,

1. No, a legal notice informing the builder is not mandatory. You cannot simultaneously file 2 complaints before RERA and consumer forum. You can file a complaint either before RERA or before the consumer forum.

2. In order to serve a legal notice, you must consult a lawyer and provide him details like 

  • the name of the builder 
  • his address
  • date of agreement
  • facts of the case
  • brochure of builder
  • proof of payment

The legal notice must be duly signed by the lawyer and must be sent via REGISTERED POST, SPEED POST, OR COURIER and the copy of the notice and acknowledgment must be retained. You can also send a legal notice by e-mail.

3. Please discuss the terms of the contract with a lawyer to understand the nature of the contract. The Supreme Court has stated that arbitration clause cannot restrict jurisdiction of consumer forum. 

4. You can issue a legal notice to the developer seeking the return of the document if it is just a notarized document communicating the termination of the contract owing to his delay to start the project despite more than two years from the date of the agreement. A developer cannot terminate a contract from his end only. 

5. Once your complaint is registered under RERA, a 'complaint number' will be issued by the authority which will be used for further reference till your complaint is disposed of.

RERA often issues notice to the developer within a week after the complaint is filed. This notice carries the complaint number, through which the complaint file can be previewed by the developer on the RERA website. Complainants are also informed that a notice has been issued to the developer regarding their complaint.

Both the developer and the consumer are then assigned a date within 30-45 days from the date of complaint registered to initiate the case under RERA, after which your physical presence is required. However, due to the pandemic, RERA  is hearing only urgent cases. Nevertheless, a notice may be issue to the developer for which your physical presence is not required. 

6. No, the developer-appointed architects' decision cannot be made final. 

7.On May 4th, 2021, the Supreme Court struck down WB-HIRA to be unconstitutional because it is in conflict with RERA. Please approach RERA or consumer forum and not HIRA. 

Thank you

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Dear Sir,

1) Sending legal notice is not necessary, but it will get you a chance to get out of court settlement if the developer agrees to compromise and come to negotiations.

2) Yes notice can also be served through email.

3) The  Arbitration clause in a builder-buyer Agreement can not circumscribe the jurisdiction of consumer Forum, the same has been held by Supreme Court. You can move to RERA or consumer court if you wish to.

4) No the developer cannot terminate the agreement one sidedly.

5) You should seek legal assistance form an advocate to help deal with your appearances and legal matters.

6) No the architects decision cannot be final, OC And CC are condition for handing over possession and mandated by law, they cannot be discarded.

7) No the WB HIRA has no effect on your case and agreement entered in to previously.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

 

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

1. Not mandatory, but advisable. I strongly advise you to issue them a legal notice before approaching any Court.

2. Has to be sent only by an Advocate.

3. Despite the Arbitration Clause, you can approach any Court. The law is settled. In unconscionable bargain in the Contract and unfair clause can now be declared illegal by consumer courts in terms of the Consumer protection Act 2019. You still have a great case to approach RERA/Consumer Court. Consumer Courts are better placed to handle your grievances. 

4. H may have secured this right under the unfair termination clause that he might have reserved under this Agreement. Even if he unilaterally terminates the agreement and cancels your allotment, you will still have recourse to your available legal remedies. 

 5. No need your your physical presence; your lawyer will take care of your case.

6. It is better you approach the consumer courts with your case. RERA is yer to be notified in WB and WBHIRA has been set aside. This means there's no RERA Court in WB at the moment. 

 

Vibhanshu Srivastava
Advocate, New Delhi
9299 Answers
193 Consultations

5.0 on 5.0

1. Yes, as this is information and demand letter to the builder.

2. All modes are acceptable including watsup , however sent by post is preferred. 

3. Court having much power than Arbitrator , hence you can approach the Consumer court. 

4. Yes,  after giving a notice 

5. You can engage lawyer for the same , and your presence is not mandatory. 

6. No

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

1. Before filing any Court case, notice is required to be served upon the Opposite Side which is called demand for Justice.

 

2. It will be prudent on your part to  engage a lawyer to handle the matter since it is a specialised subject. The notice shall have to be well drafted keeping no loopholes there in. Your Lawyer can send the notice from his email address also, if need be. Moreover, your case is slightly complicated since the developer has cleverly evaded his liabilities by getting you signing a fresh agreement which was a wrong step on your part.

 

3. One sided agreement is not acceptable as per law. You can approach the Consumer Court as suggested in my earlier post. Understand that the Apex Court has recently passed an order making HIRA not applicable any further.

 

4. He will try to take advantage of the first agreement signed by you and he showing indication in that direction.  It would have been right on your part to consult a lawyer before signing the first agreement. File the complaint case before the Consumer Court at the earliest.

 

5.  Your lawyer is required to be present in the Court and not you. Your presence is optional.

 

6. Arbitrator shall have to hold a Court and hear you. However approach the Consumer Court before he takes the steps in your interest.

 

7. It will now purely be a case of deficiency in service and unfair business practice.

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

1) builder does not have completion certificate. Project is shown as under construction 

 

2) ask builder to waive interest and you will pay balance amount 

 

3) amicable settlement is best option 

 

4) litigation should be last resort if there is no possibility of settlement 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5248 Consultations

5.0 on 5.0

Dear Sir,

1) No, developer has no legal right to force you to pay any amount till the project is completed. Please discuss the agreement between you and the developer with a lawyer to understand the intricacies of the agreement better. That will help you in taking the right legal action. 

2) It is better to first issue a legal notice and wait for their response to that. You have high chances of winning the case, because your situation is nothing less consumer exploitation.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

1. You are doing the same mistake of repeatedly talking to the builder or his representative without putting anything in writing.The email correspondences with the builder also will not serve any purpose, hence you were advised to issue a reply notice to the builder's demand notice mentioning  your concerns and grievances, particularly with regard to the incomplete construction and not procuring the CC or OC.

In your legal notice you may have strictly mention about the matters of concern and refuse to pay the final payment until the flat is properly given possession with CC and registration on your name. 

You do not have to be frightened about the developer or his influence elsewhere, you can drag him to RERA or to the consumer forum and spoil his reputation by issuing a press release about the cheating activities of such reputed builders. 

 

2. You are not yet taken even a single step towards the legal process in this regard but appear to be very keen about  winning the case.

You may first start the legal process by issuing the legal notice and await his reply, let him have in house or outhouse legal sources, all have to come to court and explain their stand as well as argue on their own merits. 

 

T Kalaiselvan
Advocate, Vellore
72755 Answers
1110 Consultations

5.0 on 5.0

1. CC is issued by the Municipal Corporation and not by the Architect of the Developer. The payment shall have to be made as per the Agreement which is required to be perused for advising in this regard. Agreement can not be one sided.

 

2. These Developers so not have in house legal resources. They hire very cheap lawyer on monthly payment basis to scare the buyers. You have a good case to win provided you have acted as per the agreement and the developer has failed to comply with the terms of the Agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

if you get scared so easily then nothing will happen.

 

Legal option is always last resort for everyone but sometimes its forced on people.

 

trying is sometimes worth cause Worst case scenario is that you will have to pay in the end. 

 

Developers dont have inhouse legal resources but yes they have contract so its cheaper for them. Thats the reason I told last 2 times to send notice preferably by a law firm. It will show your seriousness and you mean business. 

 

The developer can not force because your HIRA itself saying Project Status: Under Construction

Until you get your house to live then you should not pay complete amount. 

 

You will Win. dont worry. First it will go for arbitration which you can challenge later. 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

You can aproach rera or consumer court against builder. The above approach is illegal from their side

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

1. No it has to be a formal CC issued by the local Authority which approved the layout map. In your case oit appears that last 10% payment cannot be sought until the formal completion certificate is issued. 

 

2. Appears to be a decent case to be contested,. You will have to take recourse to the consumer forum. If you want,m at this stage you make make the payment of interest under protest; but still file a case. 

Vibhanshu Srivastava
Advocate, New Delhi
9299 Answers
193 Consultations

5.0 on 5.0

1. No

- As per law, Completion certificate is a legal document, that certifies the fact that a building has been constructed in line with construction norms, and it is mandatory to have water and electricity connection in the building.

- Further, for a newly-constructed building, a completion certificate is a necessary document required to ensure the supply of basic amenities like electricity, water, and drainage system.

- Further a completion certificate ensures that the builder has constructed the building according to the approved layout plan and no violations are made, and further if the builder fails to obtain a completion certificate, the possession of the house by the owner will not be possible.

- Further, Possession of the apartment is considered illegal, if the project has not received a completion certificate from the authority

2. Hence you should not pay any further amount to the said developer . 

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

You can pay interest under protest 

 

2) builder is required to obtain OC to deliver possession of flat to you 

 

3) registered sale deed can be executed by builder in your favour 

 

4) if payment is made under protest you can file complaint before consumer forum and seek refund of interest charged by builder 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5248 Consultations

5.0 on 5.0

Dear Sir,

1. Ask the builder to sign a document stating that you have paid the entire amount and no balance is due.

2. The provisional CC you are referring to has no binding value, however please store a copy of it in case any disagreement ensues. 

3. Along with that CC and OC

4. Registration of Sale Deed /Agreement to Sale, is in no way connected to CC /OC.  However to occupy your Flat, it is mandatory (under the Civic Laws) that the building must be granted OC, by BMRDA, else there is a penalty of 25000/- for occupying a Flat without OC.

5. No, it will not weaken your stance in any way. Consumer forum must be the primary approach, after which RERA. 

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

1. You can settle  the payment and  make an endorsement stating the the payment is made under protest/objection.

But you should not stop with this endorsement itself, you may have to pursue the matter after the things are settled in your way for recovery based on the evidence of making the payment under protest.

2. The builder has to obtain OC from the competent authorities subsequent to the completion of all other requirements as envisaged in law.

If he is not doing so, you may follow it up with the builder and if necessary you can drag him to consumer forum for deficiency in service for not providing the OC as per the agreement and the rules. 

3. You may have to decide judiciously about collecting the named documents from him, because the builder may not cooperate or refuse to furnish the desired documents.

4. Generally the property cannot be registered if the OC is not provided and the possession also should not be taken in the absence of OC, wheres people generally decide about this on the basis of their needs.

5. You can always make a complaint against the builder with the concerned forum even after taking possession and after registration of property for all those deficiencies. .

 

T Kalaiselvan
Advocate, Vellore
72755 Answers
1110 Consultations

5.0 on 5.0

-  Send legal notice.

 

-  if it not solve your problem then it will end in litigation only. 

You can choose litigation now or later. It is your choice.

Many people dont go for litigation afterwards.

But if you want to take possession first then you can pay under protest 

legal notice will help for this. 

 

-  After payment under protest, your case doesnt weaken. 

You can complaint to WB-HIRA or consumer forum.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

  • Documents executed between the Landowners and Builders
  • Approved Construction Plan & Completion Certificate
  • Occupancy Certificate from competent authority
  • NOC from Fire Department, Pollution Board & Electrical Inspector
  • Copies of the Power of Attorney given by the owners in favour of the developers along with the copy of the registration receipt
  • Chain of documents through which the vendor acquired the right, title and interest in the property
  • List of amenities and incomplete works

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

1. Are you sure that after paying 100% of the demand including the illegal claim of interest, the Builder will handover possession of the flat to you? Is it not the same thought to avoid legal cases, you had signed a fresh agreement and now again started thinking whether you should take legal course of action or appease the Builder. However, it is absolutely your call since you understand the ground reality best.

 

2. You do not know whether the said letter is genuine or not. However, was issuance of CC dependent on the construction of the municipal road? If that be so, was it disclosed to you while getting your signature on the agreements?    If not then the said agreements are void at law.

 

3. Take physical possession of the flat with the possession letter and also no payment due certificate. rest will follow. Get the property registered while making payment across the counter at the office of the Registrar.

 

4. Some developers can manage to get the sale deed registration without availing the CC.

 

5. It will certainly weaken your case biy you can take the stand that you were forced to pay and have always mentioned that paid under protest.

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

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