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in Contracts Law Civil Law
Asked August 18, 2017

Distribution of cost between buidler and buyer

  • 1 Answer

I  have purchased a flat in Nirala Aspire ( Nirala Housing pvt ltd ), in GH03, Sector 16, Greater Noida(west) on 22/04/2013(booked on ). size is 1180 sf super area. The Allotment letter was made/signed on 27/03/2014 ( due to unawareness of self as to how important is this allotment letter with respect to the possession and there upon compensation by the builder in case of delay). I paid 15% at the time of booking and 30% within 30 days after booking as per the requirement. Also I paid 04 instalments each of 10% in time as and when the demand was made by the builder. i.e. paid total of 85% in time. After this i was unable to pay 5% (demand made on 8/2/15) and 5%(demand made on 10/4/15) due to shaortage of funds( i had not taken any loan). I kept reminders and i had no option but to let them charge interest on this amount @24%. Further i rcvd offer for possession for fit out only adding the interest amount for defaulted amount @24%. I met the officials of the builder and requested them to reduce the interest amount so that i shall make the pending 10% and balance 5%. They reduced interest rate from 24% to 18% upon several discussions. I still requested them to reduce it further they said it cant be reduced any further. I checked on internet that the legal interest rate that the builders can charge is max 10@ only, is this true? if so can i keep requesting/fighting the builder for further reduction on interest rate? will it be valid if the matter is refered to legal and i will get the justice? Further I paid the pending 10% and requested them for the receipt, they told me to pay balance 5% and other amount ( like electric meter/IFMS etc ) excluding the interest they charged me and after this only they will provide me with receipt for all the payments at once. I have put my foot down stating that the further 5% and other payments will be made only after getting the recipt for the 10% amout paid to them(which was over due). I hope i am in the right direction. Further they have charged me for 1. IFMS @Rs.20/- 2. monthly maintenance charges @Rs.1.85/- PSF 3. Sinking fund @25/- paise per month (one month advance) Pl suggest me can they charge all 1,2,3 above or only one of them. Also apart from demanding PNG connection charges, to be paid to PNG company they are charging PNG Infrastructure development charges ( Rs.3000 + taxes ) stating that PNG company will provide the connection till outside the flat and builder will bring this inside the flat till kitchen. As per my understanding all PNG cos provide the connection till the kitchen in the demanded amount. pl suggest. Also they are charging Farmer compensation @Rs.75/- PSF for the leasable areapayable to GNIDA. is this demand legitimate? is this applicable in this area? if applicable who should bare the cost? builder or the buyer? pl suggest. Also pl suggest if the registry of the flat is done on the basic cost? excluding PLC amount and car parking amount or including these two? Also they have charged me water and sewer connection charges Rs. 10000/- + taxes lumpsum. pl suggest is it the right amount that they are charging? Looking forward to your king suggestion in this regard pl

Answer 1

With respect to the issue on compensation to farmers, you can explore our responses on - AND

For the entire effort undertaken by you as mentioned on this forum, you need to ascertain whether the Builder has performed as per the contract signed by you with him. In case he has failed to fulfill the terms and conditions or the points mentioned by you , you can file a case against him for specific performance of the contract. In case some of these points are not covered in the contract, you should file a case in the consumer forum against the builder. In both these circumstances ensure that you have done your part as per the terms of the contract. 

You can challenge the Allotment Letter by claiming that you were misled by the builder before the Consumer Forum. 

Agree Comment 0 Agrees over 3 years ago

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