Builder asking to sign unfair clause to handover flat

Naveen (Querist) 14 January 2017 This query is : Resolved
My flat only ready but building will take another 6 months to be ready with occupancy certificate status, its a reputed builder, he issued take over notice to me with final installment. From promised contractual date plus six months grace period, the Project is already delayed by 1.5 years.

Our agreement says I will be paid delay penalty if all installments paid in time, which I have done. But developer says he will settle penalty at registration stage. I agreed that also and completed final installment payment.

Further in the flat take over process, in take over doc to be signed by me, he also included a clause saying "I have no construction delay claims whatsoever". I again objected here. But they say that is a standard document and I have to sign, otherwise they will not hand over flat.I am still holding take over for this reason.

Summary: He is asking me to take over a completed flat in an incomplete building, says delay penalty will be paid during registration and also not handing over saying I have to sign a no no claim clause.

Kindly guide me on following concerns.

1. Is delay penalty till flat completion or till occupancy certificate?
2. Is the delay penalty to be paid in final installment or registration?
3. He is asking me to sign at hand over that I have no delay claim. Will it absolve builder from paying penalty? What legal option I have here?
4. Can I take over flat and then file case for claim for penalty till occupancy certificate? And also include in case the forcing such unfair clauses on customers(harassment)?

Worry is that if I go for legal before take over, he may not hand over flat at saying it is under case now.

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Dr J C Vashista (Expert) 15 January 2017
Consult a local lawyer with the document of agreement and offer of possession letter.

Naveen (Querist) 15 January 2017
Kindly guide me on following. Depending on merit in case I want to take up with lawyer.

1. Is construction delay penalty till flat completion or till full building comletion/occupancy certificate?

2. Is the delay penalty to be adjusted in final installment or registration?

3. He is asking me to sign at hand over that I have no delay claim. Is it not unfair? Will it absolve builder from paying penalty? What legal option I have here?

4. Can I take over flat and then file case for claim for penalty till occupancy certificate?

R.K Nanda (Expert) 15 January 2017
all depends on terms and conditions of ur agreement.

Rajendra K Goyal (Expert) 15 January 2017
Full agreement need to be referred, discuss in detail with local lawyer.

P. Venu (Expert) 15 January 2017
Is there any written communication as to the additional clauses to be incorporated?

Naveen (Querist) 15 January 2017
He wants me to sign an undertaking to take over flat which has mainly disciplines to be followed in a society. Then this clause also added that I have no delay claim where as I have a claim.

Naveen (Querist) 15 January 2017
The contract has penalty clause, and is till flat hand over.No mention whether building ready or not.Also contract does not tell when it will be paid.

Kumar Doab (Expert) 16 January 2017
From your posts: The clauses that builder is pressing are not in your favor.

Still show all docs on record to a very able local counsel specializing in such/property/civil matters, as already suggested by experts.