Booked an apartment with BPTP terra, Grugram Haryana in Feb 2012, agreement signed 7 Dec 2012, allotted super area 1998 cost 1.04 Cr. total cost 1.29 Cr with preferred apartment, club etc. Commitment period or possession was supposed to be given 42 month from signing of the agreement. with 18 days of grace period. Letter of offer of possession issued 13 Dec 2021 with final super area increased to 2191 Sq ft. (193 more than initial) and a additional demand of 33.5 lac has been raised for increased super area and exclusion cost. More than 95% of the initial cost had already been paid by 2018 without penalty or delay. now BPTP is demanding 33.5 lac + 10.5 as stamp duty by 12 Jan 2022 with an indemnity deed cum undertaking before giving possession. BPTP later states that they have in principal approval of OC but has not provided a copy of it or reason and proof of increased super area. They have not adjusted any interest payment for the delayed period. Kindly advise the course of action : 1.How to stop them from extracting 33Lac 2. Get interest payment for the delayed period 3. avoid arm twisting by forcing to sign indemnity deed and undertaking. 4 Can I get full refund with interest at this stage? Thanks for your help and advise
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File complaint against builder before RERA or consumer forum and seek orders to direct builder to deliver possession of flat
2) seek compensation for delay in delivery of possession by builder
3) seek orders to set aside demand of Rs 33 lakhs and indemnity bond
You need to immediately approach consumer court against them for reliefs
1. There seems to be an inordinate delay in handing over possession of the completed property.
Besides this increase in the super built area was thrust on the buyer by the builder without the consent of the buyer, the buyer can refuse to pay the additional charges demanded by the builder with regard to the additional area, at least can negotiate the amount if he is not agreeing to waive it off totally and to adjust the same from the interest amount to be paid towards delay in possession of the property.
.2. You can reduce it in writing about the demand made towards the interest amount for the delay in completion of construction as well as handing over possession of the completed flat. Failing to comply with the demand by the builder you may resort to legal action by dragging the builder either to the consumer forum or RERA.
3. You can refuse to sign any indemnity bond as demanded by the builder because there is nothing that you may have to indemnify the builder and he cannot demand such bonds which is nothing but to deprive you of yor rights.
4. If the builder is adamant to comply with the demands made, you can issue a legl notice stating that since he breached the contract conditions, you are forced to cancel the booking hence he is instructed to refund the booking amount along with interest from the date of the payment of the booking amount till the date of settlement., after that you can approach RERA for relief.
First, send them a legal notice. Raise a written complaint with the State RERA Authority. If no favourable response, approach the consumer forum for redress.
- As per law, a builder cannot demand more amount than that was fixed at the time of booking the flat.
- Further, the Supreme Court, held that term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.
- Further, held that incorporation of one-sided clauses in an agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986 since it adopts unfair methods or practices for the purpose of selling the flats by the builder
- Hence, the builder cannot bind you with his rule and regulations for extorting amount from you.
- Since at the time of booking the price was already fixed, hence at the time of possession he cannot raise the price automatically on the garb that the Sale deed amount is more than the fixed price or any other grounds which was mentioned at the time of booking the flat.
- Further, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- You can cancel the agreement for purchasing the said flat , and the builder is bound to refund the entire amount with 10% interest due to delay in possession of the flat.
- Firstly you should send a demand notice after mentioning that due to delay in possession, you are cancelling the agreement, and thereby ask him to refund the entire amount paid by you with interest.
- If the builder fails to response your notice, and not refund the amount within a period of 7 days of time, then you should file a complaint with the Consumer Court under the Consumer Protection Act, against the builder for deficiency in service.
- You can also claim compensation for mental agony and harassment due to delay in possession of the flat by the builder in the said consumer complaint.
1. File a complaint against them in rera or consumer court for deficiency of services and unfair trade practices adopted by them.
2. Both the mentioned forums would grant you interest, along with litigation expenses and compensation for the mental agony suffered.
4. You can still claim full refund along with interest compensation and litigation expenses from them.
