Sending Legal Notice to Real Estate Developer
3 years ago
I purchased a flat in May 2017 with a deliver date in Q1 2020. The final installment for the house went on February 2020, however the possession date was moved to June. I was issued a letter of No Payment Due in June 2020. They kept on delaying the possession date until Jan '2021. Now they have collected payment for Security and electricity installation as well in Feb 2021 stating that they can start issuing possession letter. However, today they have told me that they will start the working on finalizing the apartment only once I sign a NOC letter that I have no problem with the developer. The issue is that I do have a problem with developer. I am planning to sell my house and they are not allowing to transfer the ownership asking me to first register it on my name and then only sell it ( which will cost me around 10-11 lakhs). I do understand that they are not obliged to do ownership transfer, but it is a general practice. Additionally, I want to claim the interest as I have paid over 1.4 crore for the flat and receiving it over a year later ( which is not sure yet).
I am happy to forego the interest if they allow me the free transfer, but if they force me to register the house before transferring, I would like to like my claim on interest
I am reaching out to you to understand, if by signing the NOC letter to get my possession- am I giving up my right to challenge them for interest. Additionally, isn't this practice against the law. I have paid all my charges - why do I need to sign a NOC
You can claim damages for delay in delivering possession. They have no right to make you sign an NOC waiving their liability.
If you found this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Do not sign any NOC until you have claimed damages from the for delay in delivery of possession. You will have to file this suit in civil court, if they don not repay your interest.
If you found this helpful, please rate us.
Sidhaarth
Responded 3 years ago