NOC and other legal document from builder

Pooja Sharma (Querist) 13 October 2009 This query is : Resolved
Hi,
I have recently booked a flat with vardhman gardiner in sonepat. I have paid booking amount which is 2 lac. I have signed buyer aggrement too. I have to apply for home loan. Bank is asking me to bring NOC from the builer. NOC like builder has right to build on agriculture land etc. When i asked builder to provide all legal documents then he is demanding more money as saying its lawyer fee.
My question is:
Is it my responsibility to pay lawyer fee. Shouldn't builder provide me all document without any cost?

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Guest (Expert) 13 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE N.O.C.KINDLY NOTE THAT

1.YOU HAVE PAID BOOKING AMOUNT TO BUILDER.
2.YOU HAVE ALSO ENTERED IN TO AGREEMENT WITH THE BUILDER FOR PURCHASE OF SAID PREMICES.
3.KINDLY GO THROUGH TERMS AND CONDITIONS IN THE SAID AGREEMENT AND CHECK IF ANY CLAUSE REGARDING THE N.O.C.IS MENTIONED IN THAT.
4.IN CASE IT IS NOT THERE THEN BUILDER CAN NOT DEMAND ANY EXTRA AMOUNT FROM YOU.YOU BE FIRM AND STRAIGHTWAY DENY ANY ADDITIONAL CHARGES AND IN CASE HE IS ADAMANT THEN YOU MAY FILE A COMPLAINT TO CHIEF JUDICIAL MAGISTRATE COURT AGAINST SAID BUILDER FOR CHEATING YOU FOR BOOKING AMOUNT AND NOT GIVING N.O.C.
5.KINDLY NOTE THAT NO OBJECTION CERTIFICATE IS ISSUED BY COLLECTOR OFFICE FOR PERMISSION TO BUILD RESIDENTIAL PREMICES ON AGRICULTURAL LAND BY CONVERTING AND ALLOWING IT AS NON AGRICULTURAL LAND.
6.UNLESS N.O.C.IS THERE NO FINANCIAL INSTITUTION WILL SANCTION YOU LOAN.YOU CAN CHECK UP WITH YOUR FININCIAL INSTITUTION WHERE YOU HAVE APPLIED FOR LOAN.THEY WILL EXPLAIN YOU ALL DETAILS.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR CALL
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Raj Kumar Makkad (Expert) 13 October 2009
The builder cannot book flats prior to getting sanction for changing the use of agricultural land into residential area and if he has not obtained such sanction even then he cannot be exonerated to do so and no additional price meant for this purpose what so ever it may be, can be charged from allottees but in your case neither sanction seems obtained nor bank shall issue you loan prior to allotment. Simple booking of a flat is not a stage wherein bank may sanction you any loan.

Sachin Bhatia (Expert) 13 October 2009
Agree with Mr.NANDKUMAR B.SAWANT & Mr.Raj Kumar

Pooja Sharma (Querist) 13 October 2009
Thanks for quick reply. Nothing is mentioned in agreement regarding N.O.C. I got to know about N.C.O. from SBI when i went to apply loan. Is there any way to cancel my agreement and get refunded my booking amount?

Thanks in advance

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