Builder demanding addtional money
5 years ago
Hi,
I had purchased flat in aug 2015 in Panvel- Navi Mumbai .
it was registered around sept 2015 . As per the demand I had paid all 95% of flat value.
Since builder had not mentioned any possession date in flat he delayed the project.
Now the project is registered with rera and possession date was in first week of May 2018 which is already passed
Builder had send me demand letter demanding below amount & mentioned planning to give possession soon in letter.
5% pending amount
Cidco naina charges 165000
Society registration charges 40000
2 Year maintenance charges – 32000
In agreement he had only mentioned amount for flat. I had already paid him 95 % amount as per the agreement. All amount is paid through bank loan. I had proof.
but he had mentioned in a clause in agreement that I need to pay additional amount for cidco Naina / Society charges / 2 year society maintaince charges .No amount is mentioned for that .
He had send me 2 letter as a remainder to pay above dues before possision of flat.
When I raised Maharera concellation request he send me email that as per the agreement I need to pay above due otherwise he will terminate the agreement as per the clause .
so i didnot proceed with maharera concellation request & looking for legal advice
Please advice
You can approach MAHARERA for appropriate directions to the builder and in most of the cases the builder comes with compromise terms then you can use your own option.
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Note: find how much construction work has been completed. Maintenance charges are applicable from the date completion certificate is issued. On possession, the builder makes the buyer enter into a maintenance agreement clearly specifying the actual amount and the frequency. Builder ask for 12 or 24 months of maintenance charges in advance at the time of possession. It is the residents' right to be aware of the amount spent by the builder on maintenance. Till a society is formed, a builder pays for the maintenance and has to keep his books open for scrutiny by the residents. Once the society's Resident Welfare Association (RWA) is formed and the maintenance work is handed over to it, builder can no longer charge for maintenance. RWA can then devise its own set of rules for maintenance charges.
I am not sure about CIDCO NAINA charges you can visit their website to know more on this
https://cidco.maharashtra.gov.in//#
you can send him legal notice for violation of clause in registered agreement.
Ashish K Dongre
Responded 5 years ago
Namitabh Kothari
Responded 5 years ago
All The Best