Builder sending demand letters and stamp duty & reg is not done yet

roque (Querist) 14 October 2014 This query is : Resolved
Dear Sir / Madam,

I have purchased a flat in Kalyan in Feb, 2012 and was told that possession will be given by Dec 2014 but does not look it will be done by this time.

The work has started and 3 floors have come up, the flat cost is 29Lakhs and I have already paid them 40% of the money but till date the stamp duty and registration has not been done yet.

They keep on saying it will be done and now more than 2years have passed

My question is that is it fine to pay the money as per their demand letters if Stamp duty and registration is not yet done ??

Pls advise
Regards

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ROHIT SHARMA (Expert) 14 October 2014
1. To pay the money as per their demand letters if Stamp duty and registration is not yet done then in that case you will need is to revise the terms and condition of the agreement to sell so to confirm such demand payments are lawful or not.

roque (Querist) 14 October 2014
Dear Rohit Sir,

Thanks for your revert but I only want to know if I should keep paying as per their demand letters or stop paying until the Stamp duty & registration is done, what do you suggest as I cannot understand what to do.

Thanks & I will await your reply

Rajendra K Goyal (Expert) 14 October 2014
If you do not pay as per demand, the builder would have the excuse to proceed as per terms of agreement including cancellation of allotment and opening you in long litigation.

You should take stay from court against the demand and further demands if these are against the terms of agreement.

roque (Querist) 14 October 2014
Thank you very much for your advice, it was very helpful

Thank you once again to Rajendra Sir & Rohit Sir

Regards

ajay sethi (Expert) 14 October 2014
the terms of agreement are sacrosanct .the agreement must be containing clause as to when registration of agreement will be done . if builder is refusing to enter into regd agreement you can move consumer forum for deficiency in service against builder. continue paying installments .