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IREF® - Indian Real Estate Forum > Real Estate Open House > Indian Property Laws > Runwal and Kunal Venture builder at Kondhwa, Pune asking for penalty payment in cash just before giving possesion
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Old June 30 2012, 10:06 AM   #1
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Default Runwal and Kunal Venture builder at Kondhwa, Pune asking for penalty payment in cash just before giving possesion

Hello Indian real estate forum,
My possesion was due in the month of August 2011. The builder sent me a letter to take possesion with the clause to pay remaining dues in May 2012. I don’t owe them a
single penny as of April 27 2012 as I have paid 100% of the agreement value to the builder and also the service tax applicable. Instead of paying me interest for 9
months they are asking me to pay penalty. When enquired about the dues/penalty they are not sharing the details and asking me to make the payment by cash, and on top
of it dangling the key in front of me and saying ”Take it, or leave it”. I have sent them many emails probing for the details of penalty but in vain.
I have demand letters of April 2012 and earlier not mentioning anything about penalty or so. Where has this penalty popped up from? Why do they need the money in cash?
I have a couple of users who are facing similar nature of torchur from the builder. Pleas help me as I have gone through 33 months of torchur of waiting for the possesion and now these people are demanding additional money for nothing.

Regards,
Girish N Chandran

 
Old July 2 2012, 03:29 PM   #2
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there may be a clause in your agreement based on which the builder is aksing you to pay the penalty. did u check about this clause in your agreement?
 
Old August 10 2012, 03:35 PM   #3
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I have been in similar situation myself and ended up paying the penalty in cash. Builders would charge you penalties on late payments. They generally mention this on the agreement and also on the Payment notice letter. (e.g. payments to be made in 7 days).

Also they will not give you anything in writing as they are crafty bunch and need cash to get away from paying any taxes, etc. Norm in India.

And they only mention this things at the time of you collecting the Keys, which can come to you as a shock.

Personally you will have to pay it but you can come to some sort of compromise and may endup paying half.

All the best.
 
Old September 2 2012, 06:46 PM   #4
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Quote:
Originally Posted by DKumar14 View Post
I have been in similar situation myself and ended up paying the penalty in cash. Builders would charge you penalties on late payments. They generally mention this on the agreement and also on the Payment notice letter. (e.g. payments to be made in 7 days).

Also they will not give you anything in writing as they are crafty bunch and need cash to get away from paying any taxes, etc. Norm in India.

And they only mention this things at the time of you collecting the Keys, which can come to you as a shock.

Personally you will have to pay it but you can come to some sort of compromise and may endup paying half.

All the best.

Dont pay up, head consumer court, if you kneel once- you will have to kneel forever. if you believe that you have paid 100%- visit a real estate lawyer with documents and get them checked to see if you have a case or builder is right.

The fees will be nominal but it will save you from the harrasment.
 
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