• 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 1 year ago in Civil Law from Gurgaon, Haryana
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
23240 Answers
1219 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
23240 Answers
1219 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
14026 Answers
127 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
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0