My name is Sandip Patil.

I have purchase 1BHK residential Apartment No. xxx in Morning Mist, Pushkar Orchid Green at mauza Borkhedi, Nagpur from Pushkar Homes PVT LTD, Nagpur. The agreement to sell is made on 3 Sept 2012.

According to agreement, the vendors shall not deliver the actual possession of the said Apartment to the Purchaser until the entire cost of construction including also the charges for installation of electric and water meter, legal expenses, stamp duty and registration fees, sales tax/turn over tax, vat, service tax or any other tax etc and any other charges viz club membership fees, maintenance deposit and also complimentary car parking is allotted to the purchaser available for his occupation on or before 31 march 2014 failing which the vendors shall pay a sum * of Rs. 3000 only per month by way of liquidated damages to the purchaser with effect from 1 April 2014 till the
date of handling over actual possession of the said apartment to him.

In this legal expenses, documentation charges, stamp duty and registration fees, vat and service tax are already paid. They agree for not to take parking charges.

The actual price of other charges such as club membership fees, society deposit, electricity meter charges, water connection and maintenance charges are not specified in agreement, they have provide extra price list (effective from 10/06/2012) which is not included in agreement but they have send copy of price list by email to us.

As per price list charges for 1 BHK flat are -
1. Club membership - 25000
2. Society deposit - 35000
3. Electricity meter charges - 25000
4. Water connection - 8000
5. Maintenance charges - For first three year monthly charges * Rs. 1/- per square feet (super built area is 579 Sq.Ft)

Also, in agreement it mentioned that it is agreed by and between the Parties hereto that any dispute arising between the parties hereto shall be referred to the Panel of Arbitrators one to be appointed by each of the Parties hereto. The Arbitrators will have the authority and power to interpret the terms of the agreement, to settle the dispute in respect of any aspect regarding the construction and sale of apartment, to settle the complaint regarding construction etc. The parties hereto are also at liberty to refer any other matter between them to the panel of Arbitrators and the panel of Arbitrators shall decide the same and the award of Arbitrators shall be final and conclusive and binding on the parties hereto. In view of this Agreement regarding Arbitration, the Parties hereto specifically agree not to approach any court of law or consumer dispute redressal forum/commission etc without third availing the arbitration proceedings.

Now problem is that, vendor (builder) have not completed the construction of flat and also do not have completion certificate and he demanding for possession of flat. Also, he deny to pay delay charges as per mentioned in agreement.

He also demanding very high other charges like -
1. Documentation charges for sale deed - 11500
2. Electricity meter charges and electric- 50000
3. Club membership - 1,15000 or 56000 post dated cheque
4. Society deposit - 75000
5. Maintenance charges - 15,990 for one year

Please suggest what to do.
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  • hello Sandeep, Most of the builder decide on actual club charges/maintenance charge/deposit at the time of possession. Its unfortunate but is sort of norm even among big builders. I would suggest you to go to some lawyer who has experience with consumer court and on his advice file case against the builder. Consumer court is easy way to get them pay for delays
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  • Originally Posted by sandippatil1
    My name is Sandip Patil.

    I have purchase 1BHK residential Apartment No. xxx in Morning Mist, Pushkar Orchid Green at mauza Borkhedi, Nagpur from Pushkar Homes PVT LTD, Nagpur. The agreement to sell is made on 3 Sept 2012.

    According to agreement, the vendors shall not deliver the actual possession of the said Apartment to the Purchaser until the entire cost of construction including also the charges for installation of electric and water meter, legal expenses, stamp duty and registration fees, sales tax/turn over tax, vat, service tax or any other tax etc and any other charges viz club membership fees, maintenance deposit and also complimentary car parking is allotted to the purchaser available for his occupation on or before 31 march 2014 failing which the vendors shall pay a sum * of Rs. 3000 only per month by way of liquidated damages to the purchaser with effect from 1 April 2014 till the
    date of handling over actual possession of the said apartment to him.

    In this legal expenses, documentation charges, stamp duty and registration fees, vat and service tax are already paid. They agree for not to take parking charges.

    The actual price of other charges such as club membership fees, society deposit, electricity meter charges, water connection and maintenance charges are not specified in agreement, they have provide extra price list (effective from 10/06/2012) which is not included in agreement but they have send copy of price list by email to us.

    As per price list charges for 1 BHK flat are -
    1. Club membership - 25000
    2. Society deposit - 35000
    3. Electricity meter charges - 25000
    4. Water connection - 8000
    5. Maintenance charges - For first three year monthly charges * Rs. 1/- per square feet (super built area is 579 Sq.Ft)

    Also, in agreement it mentioned that it is agreed by and between the Parties hereto that any dispute arising between the parties hereto shall be referred to the Panel of Arbitrators one to be appointed by each of the Parties hereto. The Arbitrators will have the authority and power to interpret the terms of the agreement, to settle the dispute in respect of any aspect regarding the construction and sale of apartment, to settle the complaint regarding construction etc. The parties hereto are also at liberty to refer any other matter between them to the panel of Arbitrators and the panel of Arbitrators shall decide the same and the award of Arbitrators shall be final and conclusive and binding on the parties hereto. In view of this Agreement regarding Arbitration, the Parties hereto specifically agree not to approach any court of law or consumer dispute redressal forum/commission etc without third availing the arbitration proceedings.

    Now problem is that, vendor (builder) have not completed the construction of flat and also do not have completion certificate and he demanding for possession of flat. Also, he deny to pay delay charges as per mentioned in agreement.

    He also demanding very high other charges like -
    1. Documentation charges for sale deed - 11500
    2. Electricity meter charges and electric- 50000
    3. Club membership - 1,15000 or 56000 post dated cheque
    4. Society deposit - 75000
    5. Maintenance charges - 15,990 for one year

    Please suggest what to do.


    Go to good Lawyer or go to Consumer court. Pay what is in Agreement.
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