Fresh property booked in delhi ncr
Kumar Krishan Agarwal Advocate
(Querist) 16 May 2012
This query is : Resolved
Dear Sir,
I have booked a flat in Delhi NCR region of Rs 40 lakhs. I have given booking amount Rs 4 Lakh. Now with in 60 days the builder send notice of Rs 16 Lakh. After that fix another date after one month of Rs 8 Lakh. Although the builder will handover the flat possession in two years from the date of booking. he also mentioned delay payment charges rs 24 or 36 % per annum if the payment will not given on time on demand.
Q1. Now Question is that can a builder may charge such heavy interest rate which is out of law under Indian Laws. The builder also selling parking area which is void according o the latest judgment of SC that builder has take no charge of parking area and may provide parking freely.
Q2. If the builder is adamant then how can I take legal action with any court fee in CPC on Rs 40 Lakh property and how can I take legal action's under various civil and criminal law in India. ?
Adv.R.P.Chugh
(Expert) 16 May 2012
Dear Colleague,
The interest clause of 24-36 % p.a is in the nature of a penalty, and he cannot charge the same - on default one need not pay anything more than a reasonable amount. IF he insists on charging - take the matter to court/or even consumer court.
ajay sethi
(Expert) 16 May 2012
what are terms and conditions of agreement relating to time schedule for making payment . generally builders collect slab wise payment .
you should not have agreed to pay 28 lakhs now if posession is fater 2 years .
builder cannot sell parking slots .
contact a local lawyer . generally interest for delayed payment is 21%. but if you have agreed to pay 24%then you would be bound as per contract .
Nadeem Qureshi
(Expert) 16 May 2012
Dear Querist
i agree with Mr. sethi, as you also an advocate, you know very well that we can not give our best opinion without terms and condition of the agreement.
feel free to call
Suhail A.Siddiqui
(Expert) 16 May 2012
Strange demand from builder,pl let us know, what type of payment arrangement you had adopted at the time of booking. secondly interest is in penal nature and such interest is not acceptable judiciously. In case of default from builder in furnishing possession, he will pay same rate of interest other points are as other expert advised
Shonee Kapoor
(Expert) 18 May 2012
It has to be seen from the agreement. If the agreement is silent on penalty, you can take it to court for just calculation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 18 May 2012
If the builder is adamant file a complaint in the consumer forum. Pl check the payment schedule provided in the agreement for sale. It seems to be unfair and tantamount to unfair trade practice on the part of the builder. the payment schedule can be challenged on that ground.
