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'The Harmony' by Hamara properties, Dange Chowk, Pune - Issue due to Pandemic

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'The Harmony' by Hamara properties, Dange Chowk, Pune - Issue due to Pandemic

Last updated: April 27 2020
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  • 'The Harmony' by Hamara properties, Dange Chowk, Pune - Issue due to Pandemic

    I've booked a flat 2.5 yrs back in the scheme 'No pre-emi/interest till possession' (I have signed letter from developer that if possession delayed then he will pay pre-emi/interest till actual possession is given) and the possession was due in June 2020 (Verbally commited was Dec-19 which they already surpassed). Now due to pandemic situation the possession is getting delayed officially by 3 months (though lot of work is still pending and anyways it was supposed to be delayed). In such case they are saying 'Dueto pandemic situation we will not ba able to pay pre-emi for 3 months' which I did not accept and told them I can consider possession delay however, cann't compromise in any other commitment so you only have to pay pre-emi till possession and I'm not ready to bear any amount. May be some more customers responded negatively on this so they came up with new thing in cooperation with bank. They are now saying you have to start Tranche emi which means EMI only on disburse amount. I still not agree as I've to pay EMI from now onwards and they will also be free from worry and may delay possession more and more justifying any reason due to pandemic.

    If I start Tranche EMI still I will be in loss. As there is huge difference in starting Tranche EMI now and actual EMI after possession. Suppose I get possession after 9 months from now and I start EMI at that time then the amount which I would be saving by not paying in Tranche EMI will be deposited in Principle reducing my atleast 15 EMI's. So here is my question - On what points should I discuss this with developer as he is forcing me to start Tranche EMI claiming that it is valid thing. I don't want to go with that option. Do I have strong reason no deny that legally and stand on my point to not pay anything till possession as agreed between us at the time of booking itself in written.
    Last edited April 28 2020, 06:25 AM.
  • #2

    #2

    Re : 'The Harmony' by Hamara properties, Dange Chowk, Pune - Issue due to Pandemic

    Can u name the Builder & the Project? A thread may already exist on the Project and there could be other members facing similar issues. If a thread on the Project exists already, this thread would then be required to get merged with the original existing thread.
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    • #3

      #3

      Re : 'The Harmony' by Hamara properties, Dange Chowk, Pune - Issue due to Pandemic

      Legal standpoint which works both ways and can be invoked by developer

      Force majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or an event described by the legal term act of God, prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.

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      • Ambalika4u
        Ambalika4u commented
        Editing a comment
        Thanks for your reply. However, We do not have force majeure clause mentioned in our flat agreement. Does it still applies for us by any law?

      • GlobeSon
        GlobeSon commented
        Editing a comment
        Force majeure is a default clause in all contracts. Even if you go to court, the judge will take cognizance of the fact that the lockdown impacted the construction schedule. Builders have the best lawyers at their disposal. Of course, that does not mean you should not fight it out
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