Builder demanding addtional money 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

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
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.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Most of the builder decide on actual club charges/maintenance charge/deposit at the time of possession. Its unfortunate but is sort of norm even among big builders. I would suggest you to go through vidhikarya lawyer who has experience with consumer court and on his advice file case against the builder. Consumer court is easy way to get them pay for delays.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Serve a legal notice raising your objections and do the follow-up of the complaint which you raise with MAHARERA. Your right to remedy lies with MAHARERA which protects the right of the purchaser. MAHARERA has made it a part of its provisions to ensure that residents don't have to pay ad hoc charges.

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//#
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Vidhi Samaadhaan Vidhi Samaadhaan

Bharat Pawar

Responded 5 years ago

A.Dear client
you can send him legal notice for violation of clause in registered agreement.
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Ashish K Dongre

Responded 5 years ago

A.Send him a legal notice to that effect.
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Namitabh Kothari

Responded 5 years ago

A.Please do not come under the pressure or arm twisting tactics of the builder. MAHARERA is powerful body. Fight legally to get possession and demand for the compensation for delayed possession. You will get the flat and the builder can not pressurise you at all.
All The Best
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