ajayaoc

I had bought a plot in Piyush City Bhiwadi in resale. Since I was out of Delhi, I could not get it transferred on my name from original allottee. Builder did intimate the allottee about the balance payment. I had paid 45% of the cost. I got back to Delhi and enquired about the project. I was told that the plot stands cancelled because of non payment of dues. I had a meeting with Piyush officials in mid Dec 2010 and explained the circumstances of delay in payment. The accepted the argument but with a pre condition that I should pay the interest for the delayed payment. I accepted the condition. They told me wait for their confirmation since they wanted to discuss the issue inhouse. I got the call from them and accordingly I made the payment by giving them cheques on 23 Dec 2010. I waited for some time and again checked since cheques were not presented to the bank. I was surprised to hear that the plot still remains cancelled. I again had a meeting with their officials and also telephonic conversation with their other officials. They said said that I should wait for some more time. Reason given was that I have not made the payment. I said I have made the payment by cheques. They said if required I can take the cheques back. After a hard argument they agreed to revive the plot but with another pre condition to pay the interest on the amount for which cheques were lying with them for almost two months. As per them giving cheques does not amount to payment. I have the reciepts for the payment made in Dec 2010. I had to pay an interest of Rs 45000/ for the amount which from my side, was payment. With their logic, if they don’t present the cheque for 5-6 months allootte is liable to pay the interest.
Few facts are that they were not even sure about the plotting till mid Oct when they changed the size and the number of the plot and hense, the cost also,and intimated the allottee. In Nov they gave the notice and cancelled the allottment when 45% payment had been made. I had a meeting in Dec.
Any comments.

MANOJa

Real unfortunate & a bit complicated .

Has the plot been finally alloted to u ? Do u have the allotment letter in yr. possession now ? Also do u have all relevant records with u ?

ajayaoc

They will be transferring the plot next week. I have all the riciepts and the agreement between self and the original allottee.

MANOJa

Wait for the transfer to happen & all relevant papers to come to u . Once u have the complete papers, present yr. case to the Senior most management of the builder . They should normally listen . If nothing works, threaten them, that u would take the matter to the Court .

If everything fails, drag them to the court .

OR

Sit quietly, absorb the loss, forget the harassment & everything, like a bad dream .




My PoV, somebody else may have better ideas .

ajayaoc

Very wise thoughts, Thanx a lot.

djvjain

Ajay,

Sorry to hear that you have to go through all this. I would like to ask you couple of questions regarding this re-sale:

Did you get an all-clear payment receipt from the builder on the transfer? It has to be an up-to-date(within the same week you are doing the re-sale) as a new demand could come from the builder which the seller could hide from you(this is what happened in your case). In my opinion, if the transfer has not officially done from the builder then the re-sale is not fully completed and you should have waited in giving all the payments to the seller. This is the main cause of problems for most of the re-sales these days.

Did you involve the builder while doing the re-sale, if yes, then how were they notified about you being the new owner of the plot and do you have anything from their side with their sign and stamp on it? If they did get notified and have your contact information, then in my opinion you don't owe them any interest money.

Manoj bhai can talk more about it as he is very well experienced in than both of us.

MANOJa

djvjain Bhai, i am total novice in resale deals, never actually purchased in resale .

What, i am saying or suggesting is what i think & i might be wrong sometimes/many times, somewhere. I always mention the fact that i have not done a resale deal in actual, while commenting on any resale document/procedure related comments . Seem, to have forgotten to add this here .

djvjain

Sorry Manoj Bhai, my bad.

I thought you are good in this too, like every other RE info. But, do you agree with what I say about this?

ajayaoc

Another example of arbitrary charges by Piyush Group. On Plots in Bhiwadi they have levied additional developmental charges of 450 psy. This is over and abobe EDC IDC already incl in the agreement. Is not it fit case for consumer court.?

ajayaoc

Just now saw an ad on TV about a gentleman being fleeced by a Builder. This ad was from Ministry of Consumer Affairs. Such arbitrary charges can be referred to in the court.