Forced to sign undertaking before flat possession

Vishal N (Querist) 03 October 2010 This query is : Resolved
I have bought flat at Thane. The project is advertised as having occupation certificate. Also, I have bought open car parking which is not part of the agreement.

I have paid stamp duty at 6% rate whereas other flat buyers have paid at 5% rate. The builder HO staff told me about revert of 6% rate back to 5% after I had paid the stamp duty. Can I get refund of extra stamp duty paid?

After full payment, builder is asking to sign undertaking saying there is no occupation certificate, parking will not be allowed, there is no municipal water so water by tanker will be provided, electric connection from common meter will be provided. They are forcing all buyers to sign this agreement.

Is it legal for builder to force buyer to sign undertaking for agreeing to provision of incomplete facilities.

Is sale of open car parking legal?

Builder is charging high interest for delayed payment. What action can buyer take for delayed possession?

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Vishal N (Querist) 03 October 2010
I have bought flat at Thane. The project is advertised as having occupation certificate. Also, I have bought open car parking which is not part of the agreement.

I have paid stamp duty at 6% rate whereas other flat buyers have paid at 5% rate. The builder HO staff told me about revert of 6% rate back to 5% after I had paid the stamp duty. Can I get refund of extra stamp duty paid?

After full payment, builder is asking to sign undertaking saying there is no occupation certificate, parking will not be allowed, there is no municipal water so water by tanker will be provided, electric connection from common meter will be provided. They are forcing all buyers to sign this agreement.

Is it legal for builder to force buyer to sign undertaking for agreeing to provision of incomplete facilities.

Is sale of open car parking legal?

Builder is charging high interest for delayed payment. What action can buyer take for delayed possession?

Devajyoti Barman (Expert) 03 October 2010
If you have already bought the flat and registered the same then the builder can not subsequently force you to enter into any new agreement which was not there n the deed of conveyance. Moreover, the alleged deficiency in service also give rise to filing complaint before the Consumer Forum .