Repayment of flat from govt body
We purchased a 2 BHK flat on 1998 at Raipur which cost us Rs4.5lac from RDA i.e. Raipur Development Authority (a state govt. body). We paid Rs2.5lacs in instalment till the death of my father. Since the package includes EMI with zero % interest, we have to pay remaining 2lacs. Since we could not effort the EMI we skipped paying later. Now we are in good position to pay the remaining amount. Considering the penalties RDA asked us to pay the amount of Rs30lacs or vacant the house within 3 months. The market value of property is Rs30-35lacs considering the age of building. Since we paid half amount of the total cost we are expecting the re-payment cost to be nearly Rs15lacs max. We are in trouble since we got the notice period of three months. Please help or suggest what to do?
Asked in Property Law from Pune, Maharashtra
1) you are liable to pay Rs 2 lakhs with interest for delay in making payment plus penal interest .
2) ask for basis of demand for Rs 30 lakhs
3) challenge eviction notice in court and offer to pay balance amount with interest
If you have received notice then give a reply mentioning the underlying facts and also your economic background which disables you from making such a huge payment and may request for waiver of interest or to slash the demanded amount by 50% owing to the conditions as explained by you.
In the meantime you may approach civil court with an injunction suit to restrain the RDA from forcibly evicting you other than by due process of law and also to stay their intended action to evict you till the disposal of suit as an interim relief.
On what basis the penalty has been computed by RDA? If the penalty has been wrongly computed then you may challenge it in the court. Consult a lawyer with a copy of the notice,