Builder asking for money (after property registration) for handover of parking
1 month ago
An apartment was purchased by me a year ago. Property was registered in December 2022 at sub registrar office, all dues as per Statement of Accounts and emailed demands provided by Builder were duly paid (evidence is available). More than 6 months after the registration and handover of the property, builder is demanding money as legal charges/service charges etc. and is refusing to provide BESCOM NOC for meter transfer and also refusing to provided alloted parking space. As per pre registration demand from builder, all BESCOM charges and car parking cost have already been paidaccording to contract / sales agreement. I wish to log a complaint against the builder for Loss / damage caused due to unfair & fraudulent trade practice, harassment and refusing to provide the services as agreed and documented.
When purchasing a property, you typically enter into an agreement for sale, often accompanied by the payment of token money as an advance booking amount. To address your current situation, consider the following steps:
1. Review the Agreement for Sale:
Examine the agreement for sale carefully, either by yourself or with the assistance of a legal professional. Check for any clauses related to the repayment of the amount currently being asked by your developer.
2. Verify Payment Documents:
Ensure you have all the relevant bills and documents related to the payments made to the developer. If there are no clauses requiring repayment in the agreement and you have proper documentation, you may have a strong case.
3. Send a Legal Notice:
If you find that the developer's demands are not in line with the agreement or if there are discrepancies, you can send a legal notice to the developer. This formal communication can highlight your concerns and demand a resolution.
4. File a Case in Consumer Court:
If the issue remains unresolved, you may consider filing a case against the developer before the Consumer Court. The consumer court can adjudicate disputes related to property transactions.
It's essential to gather all relevant evidence, including the agreement, payment receipts, and any communication with the developer. Consulting with a legal professional can provide personalized advice based on the specifics of your case and local regulations.
A.Dear Client,
In the given situation, get both the Agreement to sale and the Deed of Conveyance reviewed once to ensure that all the payments as per the terms of the agreement are paid to the Builder who is asking for further payments which he cannot legally demand once a deed of conveyance is registered in favour of Buyer of the property that makes a transaction encumbrance free. So, in the given situation, if the housing project is approved by RERA, for default or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same and when the matter is not resolved by the Builder/Developer, then serving a legal notice, file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice to the Builder claiming BESCOM NOC and parking space along with compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action or for the continued cause of action. Apart from that, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter.
While purchasing the property, you definitely have executed an agreement for sale, with the token money that you had paid as an advance advance booking amount. Kindly review the document either by yourself or by an advocate. If there are clauses where you have to pay back the amount that are currently being asked by your developer then you have to abide by the same. But if there is no such existing clauses and you have all the bills related to the payment done to your builder, then you do not need to worry about. In that case, you can send your developer a legal notice and also file a case against him before the Honorable consumer court.
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