• Builder refusing the possession

I have made the full payment as per the payment schedule however builder is insisting us to pay club membership for the club which is not part of agreement and Society. It's owned by builder. Builder is refusing possession of the flat unless we pay for club membership.  As mentioned earlier club is not part of Society and yet to be constructed. There is no written demand letter for club membership payment as well. Please advise.
Asked 2 years ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) yiu are not bound to pay club membership 

2) if builder refuses to give possession you can move consumer forum against builder and seek orders to direct builder to deliver possession 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

1.Refer to the agreement as regards payment for this club membership.
2.If it is to be provided free of cost he can not charge extra payment.
3. if the clause on this account is silent then he gets a chance to impose extra cost.
4.Anyway you can always file case in consumer forum and ask for possession and damages.
Devajyoti Barman
Advocate, Kolkata
12802 Answers
165 Consultations

5.0 on 5.0

This is clear deficiency in service. The builder cannot refuse to deliver the possession unless the agreement has been violated by the buyer. Issue a lawyer's notice to him to seek possession, and if he refuses to deliver then file a case in the consumer forum to obligate him to deliver the possession with compensation for delay.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, first you have to issue a letter requesting the builder to give possession of the property and if he fail to deliver the possession then you can file a complaint before the consumer forum for deficiency of services.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

If the builder is insisting payment for club membership, you may deny the same stating that it is not part of sale agreement.  If he still insists, issue him a lawyer's notice and demand possession, of property, failing which ou can drag him to a consumer forum for relief and also compensation for mental agony
T Kalaiselvan
Advocate, Vellore
35583 Answers
385 Consultations

5.0 on 5.0

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