Delay in possession of flat and other amentias
3 years ago
Hi Sir,
I have bought a flat in Navi Mumbai area and builder also given possession of flat last year, however I have faced following issues with builder,
1. ???????????? ??? ????? ?? ?????????? ?? ????? ?? ???? ???? 1 ????: As per per the registered agreement, flat should be delivered on or before 15th Aug-18, however possession was given delayed by more than 1 year. I have requested builder for providing the some compensation for delay in possession of flat, however they builder is not ready for it.
Documentary proof I have: Registered agreement and possession letter of the builder.
2. Safety door: As per project browser given by the builder during booking of the flat, additional safety door was also mentioned in browser, however builder is now refusing to provide the safety door.
Documentary proof I have: Project browser.
3. Parking issues: Builder has sold most of the free space in the building, however as per the CIDCO had approved only limited parking space in the building. Builder has provided us with only allotment letters of parking and receipt of payment done for parking charges not given to any buyers. Can we ask the builder to refund the additional parking space sold to owners?
Documentary proof I have: Approved diagram of parking space and allotment letter.
4. ?????? ?? ?????? ??? ??????: GST was charged to us in range of @ 8% to 12% , however benefits of input tax credit credit (ITC) in form of reduction of rates was not passed to us. As per GST act, the builder was eligible for availing full input tax credit (ITC), on goods and services for paying his output tax. Further, under section 171 of GST Act, any reduction in tax rate on supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices, however builder has not passed the benefit of ITC to me.
Documentary proof I have: Receipt of payment of GST.
Kindly advise me to take up all the above given issues legally with the builder and changes of getting success point wise and possible outcome.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
According to the Indian law, a buyer can file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016 or transfer their case from a CDRC to the State Real Estate Regulatory Authority.
You can serve him a legal notice for the same.
Since, according to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats. Therefore, you can also file for the claim of damages.
If you like my answer, please leave a positive rating.
A buyer can file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016 or transfer their case from a CDRC to the State Real Estate Regulatory Authority. According to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats.
Therefore, It is advisable for you to send a legal notice to the builder first. If still things don't turn out in your favour, You can file a case against him.
You can also file for the claim of compensation.
If you liked my answer, please give a positive rating.
AJAY SHARMA
Responded 3 years ago
And after completing notice time builder doesn't complete his promise a complaint will file in RERA tribunal
Rameshwar Dadhe
Responded 3 years ago