Regarding club membership charges and edc by builders
Alok Kumar
(Querist) 22 December 2013
This query is : Resolved
I have purchased a construction linked flat in Greater Faridabad in 2011. The flat building/tower is still under construction and would be ready for hand over in July-Sept, 2014 as per reply filed by builder. I have following questions regarding to charges by builder-
1. I have paid club membership of INR 75,000 to builder as per payment schedule. I want to if this is legal and builder has right to charge for club membership. My understanding is that club membership falls in purview of society and hence builder has no right to charge for it. Is my understanding legally right?
2. I was made to pay for enhanced External Developmental Charges (EDC) on the notice of Department of Town and Country Planning (DTCP), Haryana to builder. The increased EDC charges was later withdrawn by DTCP through notification but collected EDC by the builder has not been returned back to us. Details are not clear and we do not know EDC calculation worked out. In this case, I want to know how can get the extra money paid back to builder?
3. The deadline of possession handover is not specified anywhere. Recently, I came to know that in case of non-specification by builder on deadline of handover, we can take 2 years as deadline by default. Is this true? If so, what we can do? Can we charge for paying of compensation in form of monthly rental as laid out in the law? If not true, how can we calculate deadline of handover? The under-construction building is in construction since 2010 and I had purchased in 2011.
4. I have paid for covered car parking to builder which I have heard that not rightful? Can I claim refund from builder?
I request to expert viewers (preferably advocates) having sound knowledge of Haryana real estate laws.
With warm regards
Aalok
Devajyoti Barman
(Expert) 23 December 2013
who are you?
You have raised two queries of two different legal issues.
Disclose yourself if your are a professional like an advocate.
Alok Kumar
(Querist) 23 December 2013
Dear Devajyoti,
This is in reference to your curiosity over my identity. Well, I am a working professional residing at Faridabad. I have been silent member on this forum for last 2-3 years. One day, I read about the news stating about unfair practice of builder seeking car reservation charges and then realised that like other investors I am also legal illiterate person. This is the reason, I am seeking correct legal information as I want to be sure for my right as individual. As Indian, you know common people do not have legal literacy nor the public information system is so transparent to let you have prior information. On the other hand, organizations/companies have legal teams and know loop holes very well and so take advantage of that. The two queries of different legal angle point out clearly about that where I have been victim. Lastly, you will agree that not all advocates have fair sense of suggestions. This is why I have come up on forum.
Hope this clarifies your doubts. Now I request you to clear my doubts.
With warm regards
Aalok
Alok Kumar
(Querist) 23 December 2013
Dear Devajyoti,
This is in reference to your curiosity over my identity. Well, I am a working professional residing at Faridabad. I have been silent member on this forum for last 2-3 years. One day, I read about the news stating about unfair practice of builder seeking car reservation charges and then realised that like other investors I am also legal illiterate person. This is the reason, I am seeking correct legal information as I want to be sure for my right as individual. As Indian, you know common people do not have legal literacy nor the public information system is so transparent to let you have prior information. On the other hand, organizations/companies have legal teams and know loop holes very well and so take advantage of that. The two queries of different legal angle point out clearly about that where I have been victim. Lastly, you will agree that not all advocates have fair sense of suggestions. This is why I have come up on forum.
Hope this clarifies your doubts. Now I request you to clear my doubts.
With warm regards
Aalok
Devajyoti Barman
(Expert) 23 December 2013
1. Club membership is very much valid especially when society is not formed.
2. If govt. authority has not collected the extra charges, then you are certainly entitled to claim back the money from builder which you have already paid.Send notice to builder.
3.In absence of any specific clause of delay in the sale agreement, it is open to law to determine whether 2 year is unreasonable delay or not.
4.yes
