Demanding more money
John
(Querist) 20 February 2015
This query is : Resolved
I had booked a flat in a 26 storeyed Bldg (new project) in the year 2009 giving a token amount . The agreement said the builder would handover the possession of flat by 2013 end. By the 2002 the builder said they are yet to get CC from Corporation so work is delayed. Hardly 6 floors are constructed mine is in 4th Floor .We had registered the flat in my name in 2013 and clause says by 2014 end possession will be handed over if delayed builder will be giving interest too.Now they send a letter stating the builder cannot go ahead with the project so withdraw the amount but then enquired they are saying more amount is to be paid per sq feet and also cancel old agreement and re register as per new amount. The construction have started . KIndly advice
Advocate M.Bhadra
(Expert) 21 February 2015
Send a Legal Notice to the builder calling him to handover the possession as per agreement.If the builder would not comply then file a case in Consumer Forum for deficiency of service and unfair trade practice.
ajay sethi
(Expert) 21 February 2015
builder is bound to construct flat as per agreement signed by you . if builder is demanding additional amount you can refuse to pay . move consumer forum against builder and seek refund of money with interest as per agreement . in the alternative seek directions to builder to hand over possession of flat as per agreement
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Move against the builder before the civil court with a suit for specific performance of contract or specific reliefs or before a consumer forum for deficiency of services and refund etc. You may follow the advises given by experts above.
K.K.Ganguly
(Expert) 23 February 2015
1.Understand that you have registered the agreement for sale,
2. The builder is bound to construct and sell the flat to you as per the said agreement ant the agreed terms of payment,
3. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming completion of consytruction of your booked flat and its registration in your name, damage for the delay and cost.
John
(Querist) 23 February 2015
Thanks for the replies..
Letter send by the builder says Sec 8 Of MOF Act(Maharashtra Ownership of Flats (Regulation of the Promotion of Construction Sale Management and Transfer Act 1963).
A)
the promoter fails to give possession in accordance with the terms of his agreement of a flat duly completed by the date specified, or any further date or dates agreed to by the parties, or
(B)
the promoter for reason beyond his control and of his agents, is unable to give possession of (he flat by the date specified, or a further agreed date and a period of three months thereafter, or a further period of three months if those reasons still exist, then, in any such case, the promoter shall be liable on demand (but without prejudice to any other remedies to which he may be liable) to refund the amounts already received by him in respect of the flat (with simple interest at nine percent per annum from the date he received the sums till the date the amounts and interest thereon is refunded), and the amounts and the interest shall be a charge on the land and the construction if any thereon in which the flat is or was to be constructed, to the extent of the amount due, but subject to any prior encumbrances.
Can that be a issue?
2nd Query is, do i need to form a group of all those who have booked and registered their flat rather than going alone against the Builder.
If yes how to unite all the people since we dont have any idea who have booked flats
