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MK (IT)     16 March 2023

I asked builder to homd registration untill they below clauses

We booked apartment in 2019 and made all payments based on their milestones. Now it’s time to do registration. But there are many clauses in agreement which is really weird. I have sent a detail mail about all clauses with subject of Hold my registration untill these points are cleared and waiting for their reply. As due date of final payment is over they started adding interest amount. We made all payments from outside(including maintenance and sink fund) and payment is pending from bank side which we already shared soft copy and bank representative will be handing over to them on the day of registration. What we should do now? What will be next process if they're not planning to change anything?

Things which I am concerned.

From Possession Intimation letter
1. *Maintenance amount*- This is starting from March 10 but flat is not mine. They also mentioned “if no handover is taken within the said Period, it shall be assumed that your right to take handover is waived and no grievances against them” This statement proves that flat is not mine and why should I pay maintenance.

From Agreement Draft
2. *Water sources* - They mentioned there is no water source presently and it will be outsourced. But there is no writing about borewells, tomorrow they may plan to sell same water to us. Did anyone saw borewells? Are there any borewell? If only outsourced water out maintenance gonna raise to 10k
3. *Inspection of our flat* - They mentioned purchaser have inspected everything and agrees not take any concerns after handover. This is really makes me doubt as they’re not allowing us to visit and they don’t allow any third party inspection.
4. *Interior work timing *- Based on their timing we can work only 6 hours per day (9 am to 1pm and 4pm to 6pm) on week days only. No work in weekends and public holidays. It’s gonna take months to finish. Also me and my wife working we can’t visit weekdays. I prefer my workers work on weekends too

From handover manual
5. *Timing of amenities*- This is real cheating and false promise where they mentioned 24 hour amenities in all their advertisements. Now in their handover manual they mentioned everything till 9 pm

6. In Fitout process they mentioned we need to give security deposit of 40000 for doing any internal work and 5000 non refundable for usage of lift common are erc...


 5 Replies

Real Soul.... (LEGAL)     16 March 2023

SInce you are not willing to accept these terms you should negotiate with the other party and send your comments, if you signed the agreement then you can do nothing and it shall be binding upon you.

MK (IT)     16 March 2023

We signed only sale agreement 3 years back and this things they shared as process of registration Deed of Sale draft. I mentioned to them I couldn't agree these clauses and asked them to hold registration untill these clauses get clarified. It's over mail. Is that enough? Whether they can charge interest on due amount which is getting late due to this? What if they're not accepting to change anything in this?

Real Soul.... (LEGAL)     16 March 2023

You mean to say that you have already signed the document, then you should submit applicatio to Sub registrara for that, email is not enough 

T. Kalaiselvan, Advocate (Advocate)     16 March 2023

If they do not respond to your email communication then you can send them a legal notice by registered post through your lawyer and then drag them to consumer court if they still act indifferently or no fruitful result is on the anvil


MK (IT)     17 March 2023

Are we allowed to ask them to hold registration to clear clauses in Deed of sale draft? The agreement of sale which sogned have a clause like we should take possession in 15 days.

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