Club membership charges

Nitin Dutt (Querist) 26 March 2021 This query is : Resolved
I have a plot in a township in Delhi NCR. The developer had promised to us club membership charges in 2010 of Rs. 50,000 and did not started any construction till date. Now they are suddenly asking for Rs. 75000 plus GST for the same and are saying that taking club membership is mandatory for all residents/owners.
Please advise on following:
1) Is it legal for builder to ask for club membership charges 11 years are contract and 5 years after actual possession of plot.

2) Is it legal for them to increase the charges without any information- they have not sent us any letters just mails, which we did not received.

Urgent response will be appreciated.

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Quick Summary

A plot owner in Delhi NCR is questioning the legality of their developer demanding club membership charges 11 years after the initial agreement and 5 years after possession. The developer has increased the charges and made membership mandatory. Advice suggests this may be an unfair trade practice, and the owner may be able to complain to consumer forums or RERA, especially since the promised facility was not provided despite initial charges collected.

Advocate Bhartesh goyal (Expert) 27 March 2021
No, It is unfair trade practice of builder.Now he can not compel you to take membership of club nor demand membership fee.

SHIRISH PAWAR, 7738990900 (Expert) 27 March 2021
Hello,

The builder has to provide the amenities as per the agreement executed by him. The builder has already collected charges however the facility was not provided. So you can approach the consumer forum and file complaint against him and compel the builder to provide the amenities as per promise.

kavksatyanarayana (Expert) 27 March 2021
No. The builder cannot charge extra. so complain to the RERA. Consult a local advocate with details.

Dr J C Vashista (Expert) 29 March 2021
Before forming an opinion, the agreement to sell has to be perused by a local prudent lawyer

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