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Legal Grounds to Delay Possession

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Legal Grounds to Delay Possession

Last updated: April 28 2017
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  • Legal Grounds to Delay Possession

    Hi Guys,

    I am relatively new to this concept of real estate. I was hoping to learn a few tips from the pros in this group and I would really appreciate your guidance. This is my first time ever, buying an apartment (The project is Conscient Heritage Max in sector 102 Gurgaon) and my builder has just sent me his final call letter on the grounds that he has obtained the OC for my tower. According to the buyer agreement he has completed the construction of my apartment on time. As per agreement he had 42 month plus a 6 month grace period.

    He has now sent me a final call letter and expects me to pay all outstanding amounts within just 30 days!! I dont see how its fair to give me just 30 days to respond when he doesnt hesitate to give the 6 month grace period for the construction. His letter has all these odd charges which I had not expected e.g change in super area is still obvious, but apart from the IFMS he is charging advanced maintenance fee for 12 months and other maintenance charges which I dont see why they cannot be covered in the main maintenance charges. In short, I had not expected such a big final asking amount!!!!

    As per the buyer agreement unfortunately, possession is only limited to the construction of the apartment. It does not cover livability, connectivity, amenities etc. Which I find unfair because he wants me to pay an advance maintenance fee for a society that is still under construction. Or a club membership fee for a club that is still not built?!

    He further said that if I fail to pay and take possession, he will charge me a holding fees and a penalty of 18%pa interest at his discretion. So coming to the real question, on what grounds can I legally delay possession and how long can I delay the registry of my apartment? I have read the BBA and I know the builder secures himself completely. But I require extra time to pool funds and I think 30 days is too less given that the society is still very much uninhabitable . I live in the UK and although my parents are Indian, I know very little about India. Can someone please please please please help me?
    Last edited April 17 2017, 10:18 PM.
  • #2

    #2

    Re : Legal Grounds to Delay Possession

    Please go to consumer Court and also wait till 01 May ,let the RERA be in operation.

    Comment

    • #3

      #3

      Re : Legal Grounds to Delay Possession

      I think, to avoid RERA, most of the builders are in hurry to hand over the possession.

      Comment

      • #4

        #4

        Re : Legal Grounds to Delay Possession

        ""I had not expected such a big final asking amount!!!!""
        This is poor planning.
        What does your registered agreement say about charges to be levied ?
        Strictly follow the agreement.
        Any change in carpet area?
        Your agreement will only show carpet area.
        Every regiatered agreement would have a scehdule of payments.
        Does the schedule tally with this demand"
        Challenge the demand letter from builder by queries(vetted by a lawyer) related to clubhouse and other amenities.


        You need to seek legal advice and act fast.
        Last edited April 18 2017, 04:32 PM.

        Comment


        • mickysahi
          mickysahi commented
          Editing a comment
          Thank you Vaibhav. But I think this is unfair that you are saying it is poor planning since you dont know me. No matter how much planning I did, the final call letter was a shock to me mainly because I had not expected the builder to finish on time and not because I didnt forsee the amount. Like his other projects, I expected him to be late, and also the consultant that I last spoke to had said December 2017.... and clearly they are still not finished, because the area is still very much uninhabitable..Its hard to estimate how far to completion for me as I live very far away. Had I been in the same country it would have been easier to determine.

          As per the Payment Schedule. I was expecting the last call letter to be around 10 lacs. But it is 24 lacs. Mainly because of the effect of the change in super area and also the builder made good use of his one line sentences underneath the payment schedule that dont give much of a monetary idea. And very cleverly the builder has added that the prices/payment plans are subject to change without prior notice at the sole discretion of the Company. So I am a puppet to his words.

          But thank you anyway for the advise but I dont appreciate being berated. I asked for advise not for judgement.
      • #5

        #5

        Re : Legal Grounds to Delay Possession

        Originally posted by mickysahi View Post
        Hi Guys,

        I am relatively new to this concept of real estate. I was hoping to learn a few tips from the pros in this group and I would really appreciate your guidance. This is my first time ever, buying an apartment (The project is Conscient Heritage Max in sector 102 Gurgaon) and my builder has just sent me his final call letter on the grounds that he has obtained the OC for my tower. According to the buyer agreement he has completed the construction of my apartment on time. As per agreement he had 42 month plus a 6 month grace period.

        He has now sent me a final call letter and expects me to pay all outstanding amounts within just 30 days!! I dont see how its fair to give me just 30 days to respond when he doesnt hesitate to give the 6 month grace period for the construction. His letter has all these odd charges which I had not expected e.g change in super area is still obvious, but apart from the IFMS he is charging advanced maintenance fee for 12 months and other maintenance charges which I dont see why they cannot be covered in the main maintenance charges. In short, I had not expected such a big final asking amount!!!!

        As per the buyer agreement unfortunately, possession is only limited to the construction of the apartment. It does not cover livability, connectivity, amenities etc. Which I find unfair because he wants me to pay an advance maintenance fee for a society that is still under construction. Or a club membership fee for a club that is still not built?!

        He further said that if I fail to pay and take possession, he will charge me a holding fees and a penalty of 18%pa interest at his discretion. So coming to the real question, on what grounds can I legally delay possession and how long can I delay the registry of my apartment? I have read the BBA and I know the builder secures himself completely. But I require extra time to pool funds and I think 30 days is too less given that the society is still very much uninhabitable . I live in the UK and although my parents are Indian, I know very little about India. Can someone please please please please help me?
        Hi mickysahi - we have a fb page and whatsapp group for heritage max...if you are not part of it, feel free to join the discussions.

        Comment


        • unitedall
          unitedall commented
          Editing a comment
          Hi Chunin, plz guide on joining whatsapp group and fb page
      • #6

        #6

        Re : Legal Grounds to Delay Possession

        Please send me a private message with name, unit and phone number to be added to WhatsApp group

        Comment

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