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holding charge & interest levied by the builder holding charge & interest levied by the builder

3 years ago

Hi Legal Experts ,

I recently purchased a ready to move in flat

I paid 90% of flat price in Dec 2019 and executed Sales Registration
Builder offered me " Conditional Flat handover " and i accepted it . Under this process i was given 2 set of keys and an official flat hand over document.

WHile taking flat handover (after paying 90% of flat price) i noticed that below outlined items are pending for both of my flat & my apartment

a> Scratches on my bedroom windows
b> Painting touch ups in flat balcony
c> Club house is not yet completed or functional for my whole apartment society ( i am paying for club house )
d> without club house is completed , i am pretty sure there is no COMPLETION Certificate for the whole apartment including my flat but when asked to builder , no response.
e> Currently car parking slot is not assigned to my flat( i have paid 1.5 lakh for covered car parking)
f> Other promised amenities like Door number plate / intercom / elder place sitting areas/ brown water coming in flush are still in progress
g> Builder has promised to give borewell but still it is not completed
h> power fluctuations in my flat \
Note :- builder says they have OC & there is "Holding charge clause " in the Sales Agreement document

So inspite of having all the above mentioned issues, builder has sent me a notice of 2.5 lakhs as holding charge ( 50k per month for 5 months) as interest charges .
So can someone please guide me if i am entitled to pay 2.5 lakhs as Holding charge .
THanks in advance. Looking forward to hear from you soon.

Regards,
Dilip

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Was there any mention of Holding charge clause in your agreement, also, the agreement has the same conditions mentioned or not, and if they are mentioned you may claim the holding charges also.
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Anik

Responded 3 years ago

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A.Hi,
Were all these clauses and conditions mentioned in the agreement between you and the builder, also, if the conditions are not fulfilled you may claim holding charges from the builder.
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