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Q. 6 month grace period

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Anonymous

posted 1 year ago

Q.6 month grace period
On April,2013 my agreement was done and I got possession on Feb,2016.As per MOM with builder I will be entitled to get compensation Rs 12000 as a rent from builder if they delayed the possession date which was mentioned on agreement(30 month from the agreement).Later on builder changed their statement and said the compensation amount will be adjusted with maintenance amount which was supposed to paid by me(Rs 44,100) to builder and they also mentioned only those buyers will be eligible who got delayed possession as per agreement(After 30 months). Two years back I got maintenance amount due reminder mail (After adjusting delayed compensation Rs 36000= Rs 12000X3) from builder side which was Rs 8160.I immediately paid that amount .In between many times they put notice board mentioning maintenance amount defaulters names they never mentioned my name, as per their record I paid all the pending maintenance amount. Recently they stopped my housekeeping services(Picking up garbage) without any notification or communication and asking for the Rs 36000 more by saying they didn’t calculate grace period previously now they are calculating grace period and asking full maintenance amount .Point to be mentioned here they never mentioned 6 month grace period in the agreement only mentioned "The promoter shall be entitled to reasonable extension of time giving delivery of flat on the aforesaid date, if the completion of the building is delayed on account of . 1. Non-availability of steel,cement,other building material, water or electricity supply.2. War, Civil commotion or act of God .


My Quarries are:

1. Is there any law where by default builder can get “ 6 month “grace period after completing the 30 month deadline?
2. Can builder stop housekeeping service without any notice or intimation?
3. What action can be taken from my side against builder? Although builder hasn’t sent any communication regarding pending amount.
4. Can I sent a legal notice to builder?
5. What is the procedure and cost to sent a legal notice?

Builder details:
Builder name: Khemchand Bhojwani(Pyramid Developers)
Project name: The Nook,Pune
RERA NO: P52100004015


Sir It would be really great help for me if you guide me on the same.






Thanks and Regards
Laltu Dey

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Yes sir, you can send a legal notice to the builder for the same.
Also,
You can file a civil suit OR else also go to the consumer forum for the same.
They cannot stop the basic services.

Thanks
Shreyash Mohta

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 year ago

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A. ) Dear sir firstly u should approach to the rera authority if rera date over . Then challenge to the agreement to sale . If builder already maintion the such clause in agreement then u get it . Or then go to the counsumer forum file complaint against them immediately

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
My answers are as follows:

1. Is there any law where by default builder can get “ 6 month “grace period after completing the 30 month deadline?
Ans: You can file a civil suit.

2. Can builder stop housekeeping service without any notice or intimation?
Ans: Basing necessities cannot be stopped as said by Supreme Court.

3. What action can be taken from my side against builder? Although builder hasn’t sent any communication regarding pending amount.
Ans: Get necessary directions by approaching Civil Court or Consumer Court.

4. Can I sent a legal notice to builder?
Ans: Yes, you can send.

5. What is the procedure and cost to sent a legal notice?
Ans: It cost you Rs. 4000/- and I will prepare a draft on sharing your particulars.

For full procedure contact me on mobile through Vidhikarya.
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https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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Anonymous

Replied 1 year ago

Thanks for your valuable reply Sir .
Sir my concern, is there any such law really exist where builder can get 6 month grace period by default after completing 30 month completion date(Mentioned in agreement)?

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