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Classic Residency at Raj Nagar Extension, Ghaziabad

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Classic Residency at Raj Nagar Extension, Ghaziabad

Last updated: November 23 2020
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  • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

    I have received possession letter from builder demanding interest of Rs. 3.5 Lakhs, what should I do. I have booked this flat in 2009 of 1190 Sq ft and builder supposed to give me the possession of the flat in Sept 2011. As per the aggreement if the buyer is defualted the payment, then he should not be entitled to claimed benefit of clause 5.4 i.e. late panelty of Rs. 5/- per square feet. Now, the builder is refused to give me penalty. I should I do. Kindly help and any suggestion will be highly appreciated. Should I take legal action by filling a suit in a consumer forum. Builder is not giving me benefit of rent for the delayed possession and rather taking interest for the not paying the payment on time. If I have made default by making the delayed payment then why the builder is not charged of rent for not delivering the said flat on time. If I am charged of interest for my default then why should be the builder should not be charged of rent for delayed possession. The Clauses in BBA is onesided and only benefit the builder.

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    • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

      Originally posted by samar5777 View Post
      I have received possession letter from builder demanding interest of Rs. 3.5 Lakhs, what should I do. I have booked this flat in 2009 of 1190 Sq ft and builder supposed to give me the possession of the flat in Sept 2011. As per the aggreement if the buyer is defualted the payment, then he should not be entitled to claimed benefit of clause 5.4 i.e. late panelty of Rs. 5/- per square feet. Now, the builder is refused to give me penalty. I should I do. Kindly help and any suggestion will be highly appreciated. Should I take legal action by filling a suit in a consumer forum. Builder is not giving me benefit of rent for the delayed possession and rather taking interest for the not paying the payment on time. If I have made default by making the delayed payment then why the builder is not charged of rent for not delivering the said flat on time. If I am charged of interest for my default then why should be the builder should not be charged of rent for delayed possession. The Clauses in BBA is onesided and only benefit the builder.
      This is illegal and challengeable in court. But question is can you afford to go to court at this stage? I suggest you take up with the builder and try to get a waiver on interest against the late payment penalty.

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      • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

        Hi I have also received the Possession letter with penalty amount. Can any body say what about the completion certificate and no dues certificate if final payment made.
        Last edited June 22 2015, 05:31 PM.

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        • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

          Congrats ManojKr2, for getting possession letter with penalty amount, that too without any hassle. Plz ask for CC from builder, however i don't think they have got it as of now.
          For No dues i think you can ask for that, atleast they should provided it in written on their letter .

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          • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

            Originally posted by ManojKr2 View Post
            Hi I have also received the Possession letter with penalty amount. Can any body say what about the completion certificate and no dues certificate if final payment made.
            Dear Manoj Kr 2 kindly specify the penalty amount and future course of action

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            • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

              Originally posted by takerhbk View Post
              This is illegal and challengeable in court. But question is can you afford to go to court at this stage? I suggest you take up with the builder and try to get a waiver on interest against the late payment penalty.
              Thanking You for your suggesstion takerhbk, but the builder said that as the per the BBA if the buyer commits delay then he is not entitled to get interest.

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              • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

                Originally posted by samar5777 View Post
                Thanking You for your suggesstion takerhbk, but the builder said that as the per the BBA if the buyer commits delay then he is not entitled to get interest.
                That is unfair condition. If you are not eligible to penalty for delay then builder is also not eligible to interest in case of delay.

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                • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

                  Senior Members please advice

                  I Tower present status :- structure ready, wooden frames fixed till 6th floor, internal plastering done till 6th floor. central park and swimming pool pending.

                  Please advice when can the possession can be expected for the tower. builder is saying Dec.15 which highly unlikely.

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                  • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

                    i have shifted in E tower

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                    • Re : Classic Residency at Raj Nagar Extension, Ghaziabad

                      most prob at the given time frame.

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