Extra charges at the time of possession
Dear Team Kanoon.com,
I had booked a flat in one of the projects in Noida Extension in May 2011. As soon as I received a letter from the builder confirming my booking, the ‘farmer protest’ unfolded in Noida Extension that continued till the end of 2012.
Meanwhile, I kept on visiting the office of the builder and enquiring about the project status/ progress and the payment, if any due from my side.
In March, 2013, I received two copies of BBA, from the builder, with some changes. My booking rate was Rs 1777/sq. ft. (BSP 1765/- - 5% discount +6% CLP charges) which was increased to Rs 1957/- Rs (180/sq. ft). Secondly, my booking price was inclusive of charges such as, External Electrification, Fire Fighting, Club and Power Backup, but these heads, amounting to Rs 20800/-, were charged as extra in the BBA. Therefore, total incremental effect was Rs 208000/- (inclusive of taxes)
At the time of booking, the covered parking (Rs 125000/-) was optional and open parking was free and I opted for the open parking. But in BBA they offered covered car parking for no extra charges.
I discussed with the dealing agent and he suggested me for not to enter into any dispute and sign the BBA citing the reason that had I opted for covered parking at the time of booking, I would have been charges Rs 125000/-. Therefore the actual incremental effect is Rs 83000/- only (208000-125000). So it is wise to sign the BBA and I did the same.
After that I kept on making the payments as and when demanded by the builder and till now everything is going alright.
But now it has been noticed that, at the time of possession, the builders are imposing some exorbitant charges such as’
- Increased Super Area
- Labour Welfare
- Farmer Compensation
- Electricity Connection
- Power Backup
- Interest for delayed payment (though there is none)
- External Development
- Club Membership, these are to name a few.
My possession date is coming closer and but if my builder demands for these charges. Should I pay or protest.
I would like to mention here that I have never delayed any payment. But at one time, the builder didn’t raise any demand letter, nor did he inform me thru email or phone. Generally, it sends demand letter, an email and informs telephonically. In the next letter he raised the demand for two installments, using the word ‘previous due’ for one of the installments.
Did the builder do it deliberately to avoid the Late Delivery (LD) Charges since the BBA says, the buyer will not be entitled for any LD if he delays even a single payment.
Please advise on the lines in bold.