Dispute in payment terms and delay in handing over of flat
Subrayan
(Querist) 15 April 2014
This query is : Resolved
I have booked a flat in 2007 in a project comprising few blocks with 20 level buildings. In the signed agreement it is not clearly stated that payments are to be demanded based on the completion of floors in a block where my flat is located, its more General. The Handing over is clearly defined (42 months from commencement date) as the whole project with the exemption, in case if promoter receive the approval for higher levels.
The promoter has delayed the project and till date no handing over. I have released more than 85% of flat value by end 2010, after that I have stopped releasing any further payment. Now my question "Is the promoter has the right to demand the payments based on the progress on individual blocks?"
Devajyoti Barman
(Expert) 15 April 2014
Without seeing the sale agreement it is difficult to advise.
If no schedule of payment is there then you are within your rights to hold rest amount till handing over of possession.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
I agree with the views of expert Mr.Barman on this issue. You do not have to worry if the schedule of payments have not been properly mentioned in the condition moreover he has delayed the construction, completion and handing over of the possession, hence you may withhold the payment until then.
Rajendra K Goyal
(Expert) 16 April 2014
The agreement to sale and other related documents need to be referred before any advise, consult local lawyer.
