• Interest raise by builder

Sir I m bhuwan kandpal from nainital.maine ek flat flat 2 feb 2013 ko (subvention scheme)mai .book kiya jo ki bhiwadi disst alwar Rajasthan mai hai.1 lakh or 3 lakh ki payment kar di.uske bad mera loan 9april ko sanctions hua.jo ki welcome letter mai show hai.bank ne guranter maga jis wajh se buider ko payment 25may ko gayi.or builder ke hisab se payment 61 days late hui hai.1 sep 2015 ko jb possession letter aya usmai 61 day s ka late payment charge kiya gaya hai.kya mujhe builder ko interest dena parega ya nai.jb maine interest sheet magi to us mai 1 payment ko chor ke baki sabhi payment 1 to 15 days late thi.unke director ne choti payment ko chor ke badi payment ho ki 61 days wali thi ko pay karne ko bola other wise registry nai hogi.sir I need your help.if you want documents I can send.interest amount total 34229rupees .lakin director ke deduction ke bad 28072 rupees .I need urgent possession becz rent emi I can efforts.
Asked 8 years ago in Civil Law

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4 Answers

1) interest bhar do ,

2) Rs 28,072 ke liye court jasane ka fayda nahi

3) aap paisa nahi doge builder registry nahi karega .

4) aur aap ka rent bharna padega dusre ghar ke liye

5) under protest payment of interest bharo

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) letter mai date me paas likhna under protest

2) I am sending you cheque of rs 28000 towards interest payment without prejudice to my stand that no such amount is due and payable

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can write a letter enclosed to the cheque amount containing the interest demanded , in which you can state that you are paying this interest under protest which shall be recoverable under law as and when this is found to be illegal or in excess to the terms and conditions of the sale agreement.

This protest will enable you to initiate recovery process at a later stage after taking possession of the property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. The interest on account of delay in payment has to be paid in accordance with the agreement entered into between the builder and buyer.

2. If the interest demanded by the builder is not in consonance with the agreement then you can pay the interest demanded under protest and take the possession. By remitting the interest under protest you will reserve your right to sue the builder to recover the excess interest and also compensation.

3. You can send the interest through cheque and it may be accompanied by a notice from your lawyer mentioning the circumstances under which the interest demanded is being paid.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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