ask the builder whether he has received OC /building completion certifcate 

that you are  ready and  willing to make balance payment on confirmation from builder that OC is issued 

1. “The agreement says that the last 1% is due on completion.” Who will certify that project is complete? It the local authority by issuing CC/OC. You are liable to pay 1 per centum only of production of CC/OC not on his word of mouth.
2. As per judgment delivered by SC in 2024, builder is liable to pay interest from the date of promised delivery of possession with CC/OC. Claim interest from date of promised date. You can approach District Consumer Commission under new Consumer Protection Act, 2019 under which  proceedings are very fast.

The intended message looks fine 

Please note that this platform is only for general legal advisory and not for vetting or settling any pleading or legal document 

Having said that , I would suggest to include the following in your letter /email to the builder- 

Please note that I shall make the final payment as demanded only upon you producing to me a certified true copy of the OC/CC granted for the building by the competent authority and further that any obligation on my part towards payment of maintenance charges and appropriate taxes in respect of the agreed flat will arise only on and from the receipt of OC/CC. In view thereof I'd like to clarify that even if you offer to me any fit out or furniture possession of the agreed flat without OC/CC, I shall accept such possession on a without prejudice basis only, that is, I shall pay the final installment only upon production of the OC/CC by you and be liable towards maintenance charges only from the date of receipt of such OC/CC for the building in which the agreed flat is situate. 

Yes, your draft reply is adequate. Do not make full payment until the CC and the OC are produced by the promoter/builder.

It’s better you don’t pay 100 percent as it’s always stage wise

The draft reply to the builder appears to be perfect and it clearly indicates your readiness and willingness to make the final payment promptly subject to the conditions stated by you in your reply  

You can send the reply and please be determined to not to make any payment under any pressure because the builder has already committed towards the timeline for the final payment and hence he is obliged to honor the same which includes tht he has to provide OC after which he can handover possession

Response to Builder:

Subject: Final Payment and Possession Update

Dear [Builder’s Name],

As per the Agreement of Sale, the final 1% payment is due "on completion," which I understand includes the issuance of the Completion Certificate (CC) and Occupancy Certificate (OC). These ensure the property is legally fit for possession.

Could you kindly provide updates on the status of these certificates and a clear possession timeline? I am committed to settling the payment as soon as these formalities are fulfilled.

Looking forward to your response.

Best regards,

Follow-Up Question Answer:

Yes, the phrase "on completion" can reasonably be interpreted to mean obtaining the Completion Certificate (CC) and Occupancy Certificate (OC), as these documents legally signify the project's completion.

For further personalized advice, consider a phone consultancy. Hope this helps! 😊 If you could leave a review, it would be greatly appreciated. Thank you! Shubham Goyal.

 O it says that you have to pay balance one percent on completion 

Completing the construction is till such time the property possession is handed over along with the CC or OC unless the possession cannot be made.

Therefore you may proceed as per your understanding of the terms of agreement.

Your response and interpretation are both well-grounded. Here's a detailed breakdown:

Interpretation of "on completion":

1. Legality and Standards:

   • The phrase "on completion" in real estate agreements is typically interpreted to mean that the builder has fulfilled all obligations necessary for the project to be legally and practically complete. This generally includes obtaining the Completion Certificate (CC) and Occupancy Certificate (OC) as they certify the building’s adherence to the approved plans and its readiness for habitation.

2. Judicial and RERA Precedents:

   • Courts and RERA authorities often emphasize that possession without an OC is not considered complete possession. Hence, you are within your rights to interpret "completion" as contingent upon receiving these certificates.

3. Payment and Possession:

   • By linking the final 1% payment to completion, your agreement provides a safeguard to ensure the builder complies with all statutory requirements before demanding the last installment.

Response to Builder:

The draft you've prepared is appropriate and professional. Below is a refined version for added clarity:

Subject: Clarification on Final Payment and Completion Status

Dear [Builder's Name/Team],

I hope this message finds you well.

I am writing in reference to your recent communication regarding the demand for the final 1% payment for the property located at [Property Address/Details]. While I remain committed to honoring my financial obligations as per the Agreement of Sale, I kindly seek clarification on a few points before proceeding.

As per the agreement, the final 1% payment is due "on completion" of the project. My understanding is that this completion includes obtaining the Completion Certificate (CC) and Occupancy Certificate (OC), which signify that the property is ready for possession and complies with all statutory and safety standards.

I would appreciate it if you could provide an update on the status of these certificates. Additionally, I request confirmation of the expected date for possession so I can plan accordingly.

Thank you for your cooperation and understanding. I look forward to your response and am happy to address any additional formalities required from my end to complete the process.

Best regards,
[Your Full Name]

Recommended Approach:

1. Await a Response:
   Give the builder an opportunity to clarify the status of the OC/CC. If they insist on payment without providing the required certificates, it may constitute a breach of contract.

2. Document Everything:
   Maintain a record of all communications with the builder, including emails and letters, to ensure you have evidence in case of a dispute.

3. RERA Complaint (If Needed):
   If the builder is pressuring you for payment without the OC/CC or delaying possession beyond the agreed timeline (May 2024), you can file a complaint with the Maharashtra Real Estate Regulatory Authority (MahaRERA).

4. Legal Consultation:
   For a detailed analysis and further steps tailored to your situation, it would be prudent to consult a lawyer specializing in real estate.

Feel free to reach out for assistance with drafting a formal notice or exploring legal remedies.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Builder has to given writing that the building has been completed. You are entitled to request builder to furnish copy of the building completion certificate,or occupation, certificate,

if you have obtained bank loans, take the plea that the bank is refusing to disburse the balance 1% as copy of building, completion, certificate, or occupation certificate has not been furnished

If you don't get proper response from the builder side then it is better to resort to serve legal notice to the builder directly through a lawyer explaining the situation and demanding the possession with OC upon which you can express that you will comply with the terms of sale agreement.

Mere talking to the non responsive people may not fetch you any relief except that you keep lingering over the issue without sighting any remedy causing you more mental stress.

The best way is sending a legal notice and getting clarification. If not given filing a consumer complaint against the builder 

Sample Response:

Dear [Finance Representative/Partner],

Thank you for your update. Please provide a clear status on the OC/CC and possession timeline in writing, as per the Agreement of Sale. Payment will be made only after completion and required documentation.

Repeated delays or misrepresentation may compel me to escalate the matter legally or to RERA.

Thank you for your cooperation.

For detailed, personalized advice, consider a phone consultancy. Hope this helps! If you could spare two minutes to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you! Shubham Goyal.

If the agreement states that the final 1% payment is due "on completion," this can be interpreted to include obtaining the Completion Certificate (CC) and Occupancy Certificate (OC), as these documents signify the project’s readiness for possession and compliance with statutory norms. Without these certificates, the project cannot be deemed complete. Therefore, you can communicate to the builder that you will make the payment once the OC and CC are received and the possession is formally offered, as this aligns with the terms of the agreement.

In your own interest, deal only with a person who is duly authorised by the promoter-company to act on its behalf. 

Your response to the builder is well-crafted and appropriate. Under Maharashtra Real Estate Regulatory Authority (RERA) regulations, final payments are typically tied to obtaining the Occupancy Certificate (OC) or Completion Certificate (CC), as these signify the project is legally and practically ready for possession. Your interpretation of "on completion" as obtaining the OC/CC is reasonable and in line with industry norms. You can firmly communicate that you will make the final payment upon receipt of the OC and possession letter. If the builder’s representative provides vague or unresponsive answers, reply by reiterating your stance that the agreement terms will govern payments and request written confirmation on the possession timeline and certificate status. If needed, consider seeking legal advice or filing a grievance with RERA to ensure compliance by the builder. Would you like assistance refining your communication or exploring legal options?

yes completion means complete in all aspects including issuance of OC

there is no 'best way' to respond. if you are getting no or evasive responses then time is ripe for you to take legal action