• Number of demands from builder along with the letter for offer for possession

We had booked a 2BHK study from Gaursons in Dec 2014: Gaur Yamuna City . We have now receive the offer of possession letter. However, with the letter very surprisingly we have received multiple demand letters including late payment fee also as detailed below: 

1. Possession -Ad hoc
2. Possession - IFMS
3. Adhoc- Advance Maintenance Receipt
 4. Adhoc - AAO charges (Association of Apartment Owner): it is mentioned the U.P Apartment Act 2010 has been made mandatory
5. Adhoc- Farmer Compensation

All the above demands are coming to us for the first time. All these amount to approximately 16 lakhs whereas the agreement is for 34.47 lakhs . Kindly suggest what should we do next?
Asked 4 years ago in Property Law
Religion: Hindu

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25 Answers

You'll only be governed by the builder buyer agreement executed between you and the builder during the time of booking. All other demands, other then the ones agreed upon are arbitrary and should not be paid to him. You can issue legal notice to the builder asking them to explain each and every charges imposed by him without your consent.

If he fails to respond within 15 days of the receipt of the legal notice, you can file a complaint against me in consumer court for deficiency of services and unfair trade practices adopted by him.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

It is necessary to peruse terms of contract entered into builder to advice 

 

2) if you have not made payment on due dates builder can levy late payment fees 

 

3) I presume there is no delay in part of builder in delivery of possession of flat 

 

4) builders generally recover maintenance charges for a year in advance from flat purchasers 

Ajay Sethi
Advocate, Mumbai
97229 Answers
7851 Consultations

You are liable to pay on 34 lacs rs.

Refuse all other payment otherwise demand refund with interest.

Complain to RERA. Without OC maintiannce not payable and shall be paid from date of possesion.

Association formation charges are maximum 10k which is shared by all members. So you need to pay maximum 3 to 400 or less rs.

You are not liable to compensate farmer. That is builder look out.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Kindly refer to your Builder buyers Agreement, you are only bound to pay the amount that has been mentioned in your agreement, kindly ask your builder regarding the enhanced amounts and issue him a legal notice for unfair trade practices and you can also complaint before the RERA.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Ask them about the reason and details of the these demands in written. 

Of you find any discrepancy than serve them with a legal notice 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You should give him a legal notice and if he doesn't respond or gives evasive replies file a complaint in the RERA tribunal immediately.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. Both of you are bound by the terms of the agreement which has been made between the builder and the purchaser.

2. So if the demand of the builder is not supported by the terms of the agreement then you are not bound to comply the demand of the builder.

3. The defaults done by the builder in not completing the project within the stipulated time would amunt to breaqch of agreement/

4. In case of unresolved dispute file case before the consume forum. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

If you feel that the said conditions were not discussed with you then you can cancel the allotment and seek refund. On the basis of misinformation they can't dupe you

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. Except for Advance Maintenance charges and AAO charges, the builder is not entitled to demand any other amounts. Anyways thoroughly check the agreement to sale, for description of various amounts that builder would have mentioned.

2. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Since, you have received offer of possession letter , it means that you have entered into an agreement with the said builder after paying 10% booking amount as per rule. 

- Further, if the agreement is containing such clause , where mentioned that at the time of given possession , the amount of booked flat can be increased , then you are bound to pay the said amount demanded by the builder . 

- Further, if agreement showing the final value is 34.47 lakh , then legally the builder cannot go beyond the agreement , and you are not liable to pay the raised amount by the builder. 

- You should refuse the raised amount , and demand to issue possession letter legally . 

- If , refused , then you can cancel the booking amount , and the builder is bound to refund your entire paid amount with 10% interest due to their fault . 

- You can issue a legal notice to the said builder for accepting the agreement amount , and to execute sale deed after giving possession letter . 

- If no response , then you can file a complaint before the consumer forum on the ground of deficiency of services , and to seek compensation as well. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
97229 Answers
7851 Consultations

Legal fee varies from lawyer to lawyer. You do not necessarily have to ask for refund. you can also ask the said arbitrary charges to be waived off by the court and you be given possession only as per the  builder buyer agreement executed between you and the builder.

Stature and power of the builder have no bearing as everyone is equal before law. The builder would not be given special status in the court.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

Dear Sir,

Kindly forward the copy of the agreement with the builder to access the terms and conditions binding on you.Besides that you should also demand the same from builder on what grounds they are demanding by written communication. Kindly contact via kaanoon.com if you want to contest your case in a proper manner in NCLT or NCDRC.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

1. In a Court of Law the "stature and power of the builder" is useless and of no importance.
2. Look at various high profile Politicians who were jailed by Court of Law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Legal fee depend upon the lawyer to whom you engage .

- Maximum cases are against the builder , and a builder having no value in the eye of law, and cannot allowed to go beyond the legal limits and out of contract with the customer. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

It can't be said depending the order of the court. As per rera it's 45 days from cancellation. 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Just send legs notice for refund with interest.

You can also claim compensation through consumer court. Complain to RERA.

Refund may take time but will with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

File a case before consumer forum.  That is the only remedy. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

Have you discussed these issues with the builder in person?

If not then talk to the builder about this and get clarified.

You can always say that these are additional charges which you are not liable to pay since these were not informed at the time of booking or at the time of entering into a registered sale agreement.

If at all the builder is still insisting the payment and is very rude about it then you may approach consumer forum with a complaint against the builder for unfair trade practice and for compensation. 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

If you are going for cancellation then you may have to see if there is a violation on the part of the builder so that you can get full refund, if there is a fault ion yor side then the builder may deduct upto 5% of the booking amount. However it may take time for him to refund the amount.

Yo can approach RERA for relief and remedy in case of any hardship in this regard.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

10%

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

They can not demand money other than what was agreed upon. Further they can not also unilaterally change the terms of the Contract. If any terms of the Contract is to be changed, it has to be agreed upon by both the parties and therefore their demand of extra money as well as change of exit plan is contrary to law and further amounts to deficiency in service. Therefore you can file a Complaint in a district forum.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

usually 10 percent . 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

1. You are not liable to pay all the charges demanded by Builder under any head except which is agreed by you by booking agreement. 

2. Builder generally collect maintenance charges at time of possession. 

3. You should send him a legal notice for details of the demand done by builder. 

4. if you dont find the reply satisfactory then you can file complaint Before consumer forum against builder for inappropriate demands by builder. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

The RERA tribunal would impose costs on him and compel him to pay you a refund. The stature of the builder is immaterial here.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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