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 8 years ago in Property Law
Religion: Hindu
Thank you very much sirs for the advice.
One more problem is that the builder is getting a No Objection signed from the buyers at the time of giving possession. If they do not sign it possession will not be given to them. It says that we will not have any claim whatsoever in respect of the project from the builder. What do I do? If I do not sign the No Objection, he will not give possession. If I sign, I will lose compensation. What do you suggest?
Thanks in advance.
Asked 8 years ago