Labour welfare charge

shekhar (Querist) 21 February 2015 This query is : Resolved
I had purchased flat in supertech capetown in dec 2010, i have still not got possesion. Builder is now demanding labour welfare charges @25 per sq ft which is not mentioned in allotment letter. Should i pay it or not. Please advise

Follow Query

Report Abuse

shekhar (Querist) 21 February 2015
Please advise asap

H.M.Patnaik (Expert) 21 February 2015
THe above charge may have been prescribed under a statute passed subsequent to the date of issuance of the letter of allotment by the Builder. Pl. get clarified from the Builder / from local lawyers reg. the basis of such a charge and the point of incidence.

Devajyoti Barman (Expert) 21 February 2015
Is this statutory obligation? At lest there is no such charge in WB. If the sale agreement is silent on this and the liability to make such payment lies on builder only then you can not be forced to make such payment.
You can file case in consumer forum.

shekhar (Querist) 22 February 2015
Sir, But there is clause in my alotment letter called "Any Additional Charges". If i file case in consumer forum. Can builder misuse this clause.

Dr J C Vashista (Expert) 22 February 2015
It is a state subject and it is applicable in Delhi wherein the owner/CHS and not the builder has to pay "labour cess" before getting Provisional Occupancy (Form "C') Certificate from Delhi Development Authority.