Flat builder asking more money from purchaser
shankar
(Querist) 11 November 2011
This query is : Resolved
This is regarding the extra charges being imposed by the builder during registration.
I have purchased a FLAT in Jan 2010 with Possesion Date of Dec 2010.
My agreement says only to pay 49,11,500/ + (Registration + Stamp duty + Maintenance Charges). Now I am asking for registration of the flat and the builder is asking to pay extra Govt. Levies@ 6.5% of 49,11,500
(i.e 3,19,248/-) which is not a part of my agreement. Also he is charging me the late payment charges of 2,06,628/- which is because disbursement got delayed from BANK. The builder did not send any
demand letter to the bank to disburse the amount and there was no progress in the construction.
My Agreement was done - Jan, 2010
Actual Flat Possession Date was - Dec,2010 (Still Not Given)
Current Situation - Not yet giving Possession Date and demanding more money
Please let me know
1. What are 6.5% charges?
2. Also should I pay delay charges as there is a delay from builder side as he is not giving possession then what?
3. How much time it would take me to get this legally resolved in karnataka? I heard there are lots of cases pending to be resolved?
Devajyoti Barman
(Expert) 12 November 2011
1.It would depend upon the terms of the agreement. Generally it is the purchaser who needs to bear this cost.
2.No you need not. Since the builder is also at fault, you do not incur any liability of the penal clause.
3. If you file consumer case then within a year the case should be finally disposed of.
Shailesh Kr. Shah
(Expert) 12 November 2011
I also agree. However,before going consumer form, whole agreement should be check with local lawyer.
ajay sethi
(Expert) 12 November 2011
your agreement must be containing a clause that in event posession is delayed builder shall be liable to pay interest at ______rate .
if builder had not called upon you to make payment there is no question of paying late payment charges .
if you file complaint before consumer forum it would depend upon backlog of cases in karnataka. nlo fixed time frame can be mentioned
shankar
(Querist) 12 November 2011
Adding some more details -
1. The 6.5% charges are Govt Levi charges it seems and this charges are separate from the Registration+Stamp Duty+Leagal Charges.
2. The 6.5% is no where mentioned in my agreement.
3. I have a clause saying builder will pay Rs 5/sq feet if delayed after Dec 2010. But there isnt any End day mentioned in agreement till what time the delay would be right.
4. He says you happily go to the consumer court there are 12 Lakhs cases pending and it will take years to solve this.
5. He also says that they have good contacts at builder level...My question is INDIA so corrutped..come on...please help me in getting the right solution..
6. I cant even concentrate in my personal life as this is the only thig i have made in my life and i am not getting this.
Please anyone can share me the mail id such that i can send my documents and you can verify and provide me the suggestion...
Thanks
Shankar
shankar
(Querist) 12 November 2011
is this justice from Builder Charging me Penalty of 24% Intrests and am getting Rs 5/Sq feet...?
The Penalty Amount comes around 2.15 Lacs and the 6.5% Govt charges comes around 3.15 Lacs ...I dont know why should i pay this...Please suggests.
Sankaranarayanan
(Expert) 12 November 2011
you better to move this prob with a local lawyer .because we don't know full details of your agreement. so you act according to the advice of your lawyer
shankar
(Querist) 12 November 2011
Can you please let me know any good property Lawyers in Bangalore..please and what would be legal opinion charges approx that need to be paid for getting the suggestion of my agreement..
Thanks in Advance.
Shankar
prabhakar singh
(Expert) 12 November 2011
It does happen some time.
You are advised to get in touch of a local civil lawyer to look into the matter.
Shailesh Kr. Shah
(Expert) 13 November 2011
you can lci listed lawyer contact:-
http://www.lawyersclubindia.com/lawyers_search/listing.asp?search_txt=&lawyers_cat_id=0&city_id=37&state_id=0&views=0&B1=Search
Devajyoti Barman
(Expert) 13 November 2011
Mr Irshad is a good lawyer in Bengaluru.
If you wish I can give his details.
M V Gupta
(Expert) 14 November 2011
you may also consider Advocate Ms. Sunita Srinivas - Office Phone No. 080-41280595; Mob: 9844011095. She is a partner in a Lawyers Firm at Bengaluru.
