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For flat possession

(Querist) 02 October 2011 This query is : Resolved 
Dear Sir,

We are purchasing the flat in the month of Jan. 2010 as per 1,00,000/- booking amount paid to builder. Then after we are completing the payment for the registration charges & other society maintenance charges approx. 54080 + 70000/- recepectively. Thenafter we are paying the amount slab wise to builder approx. 3.5 lakh upto march 2011. Then after we are not paying to builder upto 4 months but he is aware of my personal problem. Then after he is not ready to give to me this flat as per the registration. He is black mailing to me, He is said that you are pay more than agreement amount otherwise you take your money less Rs.1.5 lakh already paid. Please advice to me regarding in this matter. Thanking you in a advance,
R.Ramachandran (Expert) 02 October 2011
How much is the extra amount that he is asking and towards what? Is it towards delayed payment by you?
PRAVIN JAGANNATH KHARADE (Querist) 02 October 2011
I hi asking to pay extra amount Rs.2.5 lakh.

Please advice
PRAVIN JAGANNATH KHARADE (Querist) 02 October 2011
We are ready to pay the interest on unpaid amount.
ajay sethi (Expert) 02 October 2011
what are the terms of agreement entered into by you with the builder? what is the clause on delayed payment?
R.Ramachandran (Expert) 02 October 2011
First you have to start paying the amount which you stopped paying.
Then you have to ask the builder the basis on which he is asking extra Rs. 2.5 lakhs.

You have not indicated as to where is the flat located. In case it is in Mumbai, you would be better advised to contact Mr. Ajay Sethi, an esteemed member of this LCI who is located at Mumbai. You can get his contact particulars by visiting his profile in this Site.
Shailesh Kr. Shah (Expert) 02 October 2011
As you are saying, is it mentioned in the agreement ?
PRAVIN JAGANNATH KHARADE (Querist) 03 October 2011
There is not any clause in the agreement to Increase the Flat Amount. But it's provision for payment of Interest on delayed payment. & This Flat getting possession till end of the month in December 2011. Total flat cost is Rs.12.5 lak till date we are paying 5 lakh. And i am ready to pay remaining amount with interest to builder. This flat located in PUNE. He is not accepting my payment further because i black mailing to me. Please advice on urgent basis.
PRAVIN JAGANNATH KHARADE (Querist) 03 October 2011
If any advicer want the agreement copy. Then after i am sending via mail. If this case is solving any advice i am ready to pay the fees to the respective advocate.
Shailesh Kr. Shah (Expert) 03 October 2011
Complaint in the consumer forum that builder is not honor agreement. he is refusing to accept money with interest.

you can email me agreement on my email id for further guidance.
ajay sethi (Expert) 03 October 2011
contact a local lawyer in Pune . issue builder legal notice
Advocate. Arunagiri (Expert) 03 October 2011
Normally the builders will have non escalation clause, (they will not increase the price mentioned in the sale agreement on any grounds). But, they will have a termination, penalty clauses.

On going through the agreement only I can give a clear opinion.


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