Different charges levied by the builder

Desi Chana (Querist) 13 July 2023 This query is : Resolved
I had booked a flat in Feb 2018 in ATS Allure Project Yamuna expressway with cost of flat 3272623 the payment plan was broken into two parts of 50%, first installment had to be paid in few months and second Installment has to be paid on time of possession. The Possession date mentioned in BBA is 31st March 2019. The builder delayed the possession by 4 years and I got possession in June 2023. At time of Possession I was charged 50% of the remaining amount time of possession.

1. Builder was asked to pay Farmer compensation in 2014 which builder did not pay and charged me amount of 132000 at time of possession. 80% of This amount was delay penalty and Interest which builder did not pay to authority

2. Builder charged 12% GST whereas at time of possession GST was 5%

3. Builder did not pay delay penalty which according to me was 6.5 Lakhs, Instead tricked me to take open parking in leu of delay penalty. Open parking was part of common area for which I have already paid.

4. Initially Builder asked for 1 Lakh Club Membership + 18% GST. When People didn't pay Builder Asked for 2 Lakh Club Membership + 18% GST. Now the builder is asking for 3 Lakh + 18% GST for club membership. In BBA It's clearly mentioned that Clubhouse is part of common facilities and will be delivered by the builder. There is no mention of membership charge of anything. There is mention of monthly usage charges for club.

5. Builder has included area of the clubhouse in common area and still taking separate maintenance fees for club.

6. Builder is charging Common Area maintenance charges whereas many of the facilities are not built.

What are the legal options ?

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Quick Summary

A homeowner booked a flat in 2018 with possession expected in 2019, but faced a four-year delay. Upon receiving the flat in 2023, they were charged unexpected amounts, including farmer compensation, incorrect GST, and club membership fees not mentioned in the original agreement. The builder also allegedly failed to pay delay penalties and is charging maintenance for unbuilt facilities. The advice suggests issuing a legal notice and pursuing action through the Consumer Forum or RERA due to these disputed charges and deficiencies in service.

Isaac Gabriel (Expert) 13 July 2023
The builder take into account the market value and guideline values into account on the prevailing situation.Further no governing rules to fix the rates.

kavksatyanarayana (Expert) 13 July 2023
If you have any deficiency in the building and ask for an extra amount than the agreed amount in the agreement, you can file a case against the builder in the Consumer Forum of your District.

T. Kalaiselvan, Advocate (Expert) 14 July 2023
As you have a list of issues pending with the builder, you may better issue a legal notice to the builder through yor lawyer pointing out all the issues of concern and demand clarification/dues to be complied within a time stipulated in the legal notice.
Filing to comply with the demands made, you may approach the consumer forum for relief and remedy including deficiency in service

P. Venu (Expert) 16 July 2023
Yes, the posting suggests many a disputed questions of fact which could be settled only through competent adjudication either through consumer forum or RERA or a civil court.

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