• Compensation in case of transfer of booking

In the month of June, 2016 I purchased a 3 bhk flat in Faridabad from the original allottee after paying the premium to him and got the booking transferred in the joint name of myself and my wife.  Since it was first transfer, it was free.  The construction of the project commenced in the year 2009 and as per the Builder Buyer Agreement, it was to be completed within a period of 18 months plus 6 months of grace period.  On the asking of the builder, I paid VAT charges before the transfer.  Now, the builder has demanded miscellaneous charges which are very high and unreasonable.  He says he would give possession soon as he is applying for occupancy certificate. He is charging  Rs.1,20,000/- for electric meter installation. He is also charging maintenance for two years and administration charges only are Rs.25,000/-. The total of all the charges comes to more than Rs.5 lakh. The demand is genuine but the charges are on the higher side.  The amount of the charges is not mentioned in the BBA but the heads are there.  IN his project, he is raising three types of flats - Independent floors, Duplex and Multi-storeyed flats.  he has completed only independent floors (that too without electricity and water connections) one of which I have purchased.  the other two are still incomplete and will take another two years. 5% of the BSP is still to be paid at the time of possession.  He has no money and that is why he is charging huge amounts now.  
Sir I have three questions: 
1. Am I entitled to compensation for delayed possession of flat as I am the second buyer that too in the year 2016?  I have got the same agreement as the original allottees have with same terms and conditions.  He has a penalty clause in case of delayed possession.
2. Can he apply for occupancy certificate for partly complete project?
3. Do we have to pay the the same amount of the charges demanded as the same are mentioned in the BBA (no amounts mentioned) or we have any right to protest?
Please guide.
Thank you very much in advance.
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) yiu are entitled to compensation for delay in delivery of possession 

2) national consumer forum have in some cases awarded interest at 12 per cent for delay in delivery of possession 

3) builder can apply for partial OC 

4) pay amounts  demanded by  builder under protest . Take possession of flat them move consumer forum and seek refund for  excess amounts charged 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
1.  If you buying the under construction flat then you are entitled to the all the privileges and rights as envisaged in the original sale agreement that was applicable  for the original buyer.
The clauses which are in the original sale agreement shall be applicable to you too.



2.  OC can be given for part of the apartments or the floors already completed.



3.  You can refuse to pay the exorbitant charges levied by him and can ask for an explanation for such huge charges.  You can protest and issue a legal notice also to him if he is intentionally delaying the possession and OC
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Dear Concerned, Kindly find below the answers to your queries

1. Yes,you are equally eligible for the compensation the way original allotee would have been because as per the records of the developer you too are the allotee before completion of the project.

2. Yes, the developer can apply for occupancy certificate for partly complete project subject to the terms and conditions of development authority.

3.As you would have paid more then 60-70% cost of the flat to the previous allottee/developer it is suggested that whatever the amount the developer is asking for, you can go ahead and make the payment and take the possession of the flat or else what would happen is you would end up fighting a long legal battle where you would have already paid 60-70% cost of the flat and you wold not have the flat as well. This is because once you file a case the developer will not give u possession.
Atulay Nehra
Advocate, Noida
439 Answers
15 Consultations
4.7 on 5.0
1) you can file complaint against builder before consumer forum now and seek interest for delay in delivery of possession 

2) in said complaint seek interim orders that builder be directed to hand over possession to you without insisting on no objection letter 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
The builder cannot force you to give NOC nor he can deny handing over possession.
You ask him that how long will he not handover possession?
If he still refuses, yo may issue a legal notice to him demanding your requirement and later on can drag him to consumer forum based on his reply or further behavior or attitude.
You dont do which ever may harm you be whatever the circumstances may.
The builder cannot act beyond the conditions and clauses agreed in the sale agreement. He is bound by them hence he cannot think of escaping the liabilities by doing some or th other fraudulent acts. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Dear concerned,

Please go ahead and sign the No Objection. But try to differentiate  you signature a bit from your original signatures. We can always say these are not your signatures.Even if it is proved that they are your signatures then too this a settled law that such agreements are one sided agreements and cannot be considered.

Take the possession any how, once possession is taken file consumer case for all the compensation you want.
Atulay Nehra
Advocate, Noida
439 Answers
15 Consultations
4.7 on 5.0

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