Dispute in payment terms and delay in handing over
Subrayan
(Querist) 28 April 2014
This query is : Resolved
Thanks for your previous response. I once again posting the same message with agreement. I have booked a flat in 2008 in a project comprising few blocks with 20 level buildings. In the signed agreement it is not clearly stated that payments are to be demanded based on the completion of floors in a block where my flat is located, its more General. The Handing over is clearly defined (42 months from commencement date) as the whole project with the exemption in case if promoter receive the approval for higher levels, stating that they will continue higher level even after handing over.
The promoter has delayed the project and till date no handing over. I have released more than 85% of flat value by end 2011, after that I have stopped releasing any further payment. Now my question "Is the promoter has the right to demand the payments based on the progress on individual blocks?" My understanding based on the agreement is that the Promoter should have progressed all blocks simultaneously in order to meet his agreement of delivering the whole project.
Copy of agreement is enclosed for your review and advice.
ajay sethi
(Expert) 28 April 2014
no copy of agreement is enclosed . better contact a local lawyer and take his opnion on your agreement
Rajendra K Goyal
(Expert) 28 April 2014
Copy not attached. Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
Better consult a local lawyer in person by showing all related papers to him and proceed as per his advise.
