• Flat fit out possession

I made the decision of accepting my flat for fit out possession in February 2016 and made full payment plus gave 2 years of maintenance by post dated cheque. As per agreement, possession is due in October 2016 so I cant claim late posession.OC is not received and builder is not giving possession letter.
Amenities like pool, gym and car lift are in the agreement but not yet ready. Also the builder is supplying BMC tanker water but saying charges for tanker water are to be borne by flat owners recoverable from maintenance. Daily tanker cost is Rs 4000 now. Can builder charge for tanker water or is this a cost to be borne by builder? Maintenance rate is Rs 9psf on carpet area.
I and other residents are ready to pay maintenance but not at the high rates since no amenities are ready. Also builder should pay for tanker drinking water or residents?
Since no promised amenities like gym, pool etc are ready, can I stop payment of cheques I have issued? Will this be an illegal move by me?
How can the builder be forced to get OC? 
Can I claim compensation since no amenities are ready? What is the time frame within which to apply for compensation?
Asked 7 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1)if builder has failed to provide amenities your remedy is to move consumer forum and seek orders to direct builder to complete construction of pool , gym etc within stipulated period . 

2) also to obtain OC   from municipal corporation 

3)you should not stop payment of maintenance . 

4) claim compensation from builder for deficiency in service 

5) case before consumer forum would take 2 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
It becomes the duty of the builder to fulfill the agreements and conditions that have been set out in the terms and conditions of the sale agreement.
The amenities and provision of water supply and electricity supply is part of the agreement.
It is the responsibility of the builder to provide water supply whether he buys a tanker or through municipality.
The builder's deficiencies may be pointed out in the legal notice to be issued to him to rectify all the failures observed and may asked to comply with the same or else you may drag him to the consumer forum for relief and compensation.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Hi, As per Agreement you can't claim Compensation, because the builder has to handover the possession only after October-2016.

2. If you go for Court now builder will take the defense that all the amenities  will be completed before October-2016, so it is better you have to wait till, October, 2016.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) You made biggest mistake in accepting offer of builder to take fit out possession 

2) you have given an opportunity to builder to escape penalty for delay in delivery of possession 

3) builder could have offered fit out possession only after receipt of OC 

4) in eyes of law you have willingly taken possession of your flat 

5) approach consumer forum at the earliest if builder has failed to obtain OC preferably within period of one year 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
OC is different to that of possession.  You may take possession but without OC from the competent authority you will find it difficult to get many reliefs including bank loan or even re-selling the property at a later stage.


Time limit to approach is two years from the date of cause of action.




For consumer court case, you should stick to your relief and for that if it is required to implead other buyers, you may do so but see what relief you want from them.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. The basic amenities such as water and electricity are to be provided only after and not before the possession is delivered. Since you have taken fit out possession you have to bear the water charges of the supply made through tanker. 

2. To stop payment of cheques will amount to violation of agreement as there is no legal ground to do so. There does not, prima facie, appear any cause of action in your favour to approach the consumer forum.

3. Wait till the promised date of delivery of possession. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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