Terms of contract are sacrosanct 

2) you are bound to comply with terms of agreement 

3) RP can call upon you to make payment of outstanding dues 

The payment of arrears or outstanding dues are to be paid by the home buyers as per the conditions of the agreement regularly.

They cannot claim excuse on the basis of delay in completion or possession or obtaining OC.

They can take action for such things directly against the builder for such remedies. 

You cannot refuse to pay the outstanding dues for such reasons. 

Dear Sir,

1) The Allotees are bound by the contract that they made with the builder, thus they cannot avoid payment as per the same.

2) The RP thus can pass resolution to the same effect.

Thank you

- As per law, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence, in the absence of an Occupancy Letter, one should not accept the possession letter from the builder.

- Further, as per RERA,, A builder cannot give possession to buyers without OC

- Hence, if the builder fails to give or obtain OC, then you should lodge your complaint before RERA.

- Further, for delay in possession the home buyers can claim compensation from the promotor .

You have to lodge your claim with RP for delay in payment of compensation 

As per Section 23, the Resolution professional conducts the entire Corporate Insolvency Resolution Process and manages the operations of the corporate debtor during the period of the CIR Process.

For the purpose of the resolution, the control and custody of the assets from the corporate debtor is taken over by the resolution professional as per Section 18 (f). The NCLT, Mumbai Bench in the case of Goa Auto Accessories v. Suresh Saluja has held that to facilitate the Corporate Insolvency Resolution Process, the RP can take custody of the assets of the corporate debtor that forms the subject-matter of the litigation.

To bring the Creditor together is one of the important tasks of the insolvency professional. After the collation of claims and determination of the position of the corporate debtor, the interim resolution professional constitutes the committee of creditors. The committee of creditors then decides whether to resolve the insolvency of the entity or to liquidate it.

As provided by Section 17, on and from the date from which the IRP is appointed he is vested with the management of the affairs of the corporate debtor. The control from the corporate debtor is now transferred to the IRP. The power of the Board of Directors of the corporate debtor also vests and is exercised by the IRP. For the purpose of managing the affairs of the corporate debtor by the IRP, the officers and managers of the corporate debtor are required to give access to the IRP of all the relevant documents, books of accounts, records, etc as may be required.

In view of above, the demands made by the RP towards the outstanding dues are not illegal and home buyers cannot refuse to pay the dues.

Your grievances  for the delay in construction or handing over possession should be taken up by you separately through other forums namely RERA or consumer forum and not with this RP 

- You can approach the Consumer Forum after filing your compliant .

Dear Sir,

• You can file a complaint in Consumer Court and claim for delay in payment of the compensation.
• You can also direct them to pay compensation without any delay by providing a legal notice to them.
• Further if the issue is not resolved you can file a writ petition in a high court directing them to do as the agreement says.

  Thank you

you need to separate the two liabilities - one liability is that of the home buyer to pay on time as per the schedule or payment milestone stated in the agreement

another is the liability of the promoter to complete the project within the stipulated period as stated in the agreement and give possession of the flats with OC

So the two liabilities are unconnected to each other in terms of time

if as per the agreement the payment milestone had reached, then the home buyer are contractually bound to pay that amount to the builder and now to the RP who has taken over the management of the promoter company

the aforesaid payment can always be paid 'under protest' and on a 'without prejudice' basis

it is not that by making the said payment, the home buyer's remedy to claim delay compensation is wiped out

as per the agreement, the home buyer is entitled to such a compensation

that compensation can either be adjusted against the outstanding amount or be claimed later on [the latter would most probably be the case]

it seems many home buyers have taken possession without making the milestone payments. So those have to be cleared. 

for the compensation for delay, the home buyer either individually or collectively can file an intervention application in the pending NCLT proceedings claiming payment of such compensation. This can be preceded by filing a claim with the RP first and if he does not respond, then the intervenus application can be filed

1. Who had filed the application before the NCLT?

2./ Has it been filed by the lending Bank?

3. RP can certainly claim the outstanding as resolved by the COC.

1. File a petition before the NCLT raising your claims.

2. In fact, the buyers can file application to be considered as creditors and be part of  COC.