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Omkar Keni   19 February 2024

Developer demanding extra money for amenities

I purchased a N.A plot in a N.A bungalow plots project in 2021 followed by conveyance in my name which is a Maha rera registered project. Before purchasing the plot, we noticed that the amenities shown in the advertising brochure were not complete so we asked the builder regarding the same that's when he informed us that it will be completed in just 3 months. He was very convincing and soft spoken so we decided to purchase the plot.  We paid Rs.75000/- as internal development charges for internal roads, electricity supply, storm water drainage channel etc in cash as the builder demanded payment in cash only. Now, its been 3 years builder has still not given the amenities and is charging Rs.90000/- more (in cash only) if we want electricity connection from society transformer. He has also not prepared the builder buyer agreement according to section 13(2) of RERA Act 2016 as it does not mention details of amenities, timeline in which project will be complete, penalty in case of delay.

Now he is taking the defense that I have not written anything regarding the amenities in the agreement so I am not liable to give those amenities, if you want those amenities you will have to pay separately for each and everything. He has also denied taking Rs.75000/- from me as Internal development charges. Can builder charge seperately for amenities 3 years after the conveyance deed? What remedies do I have?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     19 February 2024

If the brochure cotaining the amenities provided therein would be inclusive of the purchase price then it becomes the duty of the builder to provide the amenities 

If the builder refuses to do so, you may drag the builder to consumer redressal commission for deficienty in service and also for unfair trade practice and also demand the builder buyer agreement  to be executed. 

kavksatyanarayana (subregistrar/supdt.(retired))     19 February 2024

Yes.  You shall file a case against the builder in CDC or DSC.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 February 2024

You engage a good lawyer who specialises in these matters and fight it out. Otherwise you will be running from pillar to post.

Omkar Keni   20 February 2024

What is CDC and DSC?

T. Kalaiselvan, Advocate (Advocate)     20 February 2024

It consumer commissions at state and district level. 


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