Regarding agreement of sale
C BHANU PRAKASH
(Querist) 09 February 2016
This query is : Resolved
Sir, I have purchased a Flat(Apartment) in Hyderabad and entered into a agreement of sale with the Developer on 19th June 2013.As per the agreement the developer agreed to hand over the possession of the property within 21 months with grace period of three months from the date hereof, however subject to availability of steel and other materials and subject to any other calamity or act of enemy, war or any other cause beyond the control of the developers or due to any difficulty or impossibilities arising from any Government ordinance, legislation act of Notification etc. As on date the Developer has not handed over the Flat in full shape. The Electricity meters have yet to fitted and the Occupancy Certificate from the Municipal authorities is due. The Developer is insisting to pay the maintenance charges and the Electricity charges for the last 6 months as the wood work is going on in my Flat. My Question is 1). Can i claim the damages from the developer from the completion of agreement period as he has not completed the Flat in full shape. 2) Do i need to pay the maintenance charges.
Rajendra K Goyal
(Expert) 09 February 2016
Send legal notice and file consumer complaint for deficiency of services. For maintenance, terms of agreement need to be referred.
C BHANU PRAKASH
(Querist) 10 February 2016
Sir. Thank you very much for your guidance. As per the terms of agreement there is no clause mentioned stating that if he has not completed the Flat in the stipulated time , he will pay the damages or Rent till the completion of the Flat. Even though can i send the legal notice and file consumer complaint.
As on date the Municipal Authorities have not issued Occupancy Certificate and want of that The Electricity Department have also not sanctioned the Electricity Meters.
rajagopal.s
(Expert) 12 February 2016
Hi
In your case, you can claim damages for the delayed period.
b) if the developer is using electricity ( which again is used for his work presuming you have contracted him for doing wood work also as a part of his building work), then you need not pay a rupee. You need to pay electricity bill if he is doing extra wood work requisitioned by you.
c) Unless and until he hands over possession to you, you do not need to pay maintenance. he has to handover possession to you (after issue of Occupancy certificate by GHMC, provision of electricity connections and water connections and amenities as mentioned in agreement).
d) there need not be expressly written covenant for damages. Damages can be in form of Equivalent Rent or EMI's paid to bank whichever is lower.
