Hi This is a redevelopment society case in Mumbai / Andheri East , we have entered into a redevelopment agreement in 2004 and due to various reason the development is completed in 2016. We had purchased extra area and we had agreed on payment terms. We have made two payments as per the slab decided earlier. Now when the flats are ready we have to make another 2 payments for which we need to inspect the flat is as per the agreement. The developer took 10 years to make this place so we are not sure he has provided the same area as per agreement. SO before we need make payment we want to inspect the flats. HE is not allowing inspection and demand 100% payment and then see your flat. In such cases what is the best advice. We are ready to pay the interest amount as agreed in the agreement (21%) for delay in payment. The amount i need to pay him is the equivalent amount i need to collect from him for rent amount as per the agreement. (3 months rent pending) Please advice what can be done best in this scenario.
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1)builder cannot refuse purchase inspection of flat before further payment is made
2) however if you file complaint against builder before consumer forum it would take 2 years to be disposed of
3) best option is to make payment take possession of flat
4) if flat area is not as per agreement then move consumer forum against builder and seek compensation
Thanks for the reply , as per the redevelopment agreement he has approx 30 flats for sale which he can give possession after he is offered to the existing members as mention in agreement, if he has not offered us as per agreement we will not accept possession until he compensate for the same. This will cause delay for him to give possession to buyers who have bought flats , what can be immediate action to prevent him from forcefully give possession to new buyers as he has not met the condition mention in the redevelopment agreement of the society members. The way he is denying for us to inspection of our own flats,he will go ahead and give possession to outsiders. Legally flat is registered under my name and he is just a developer and not owner of the flat. We even have to check the amenities is provided as per the annexure attached in the agreement.
1) issue notice to builder that you are willing to make balance payment on completion of inspection of flats
2) if builder refuses you can make payment under protest and move consumer forum against builder if flat amenities , area is not as per agreement
In such cases what is the best advice. We are ready to pay the interest amount as agreed in the agreement (21%) for delay in payment. The amount i need to pay him is the equivalent amount i need to collect from him for rent amount as per the agreement. (3 months rent pending)
Please advice what can be done best in this scenario.
The builder may try to put influence on you on various aspects and may be very arrogant to not to allow yo even to inspect the completed building.
You may issue a legal notice to him demanding the arrears of amount to be received from him and also an additional amount towards compensation for mental agony since the delay is inordinate and can also demand to allow you to inspect the completed flats for further payment from your side
Failing to invoke any response from the builder you may initiate a case before consumer forum for further proceedings against him on the same lines seeking the desired reliefs.
