Builder demanding interest for late payment
5 years ago
For purchase of a flat in Vizag, I got an agreement of sale from the builder which was not registered but made on a non judicial paper. The payment schedule was not met as mentioned in the unregistered agreement of sale. In the agreement of sale 24% interest will have to be paid for the late payments. Before registering the flat in the registrar office, I have asked the builder in writing for the payments that are due and there was no mention made in the mail about the interest to be paid. I have cleared the dues and got the flat registered on my name.
The flat is delayed by more than 12 months.
Now I have received a letter from the builder asking me to pay about 14 lakhs as interest before he allows me take possession of the flat.
It is also to be mentioned that all the amenities promised by the builder are not complete in toto.
Please advise how I can go about dealing with the builder. Thank you.
Rameshwar Dadhe
Responded 5 years ago
Get in touch with a Real Estate lawyer locally failing which get one through vidhikarya.com.
Send a Legal Notice and next step is to go to the consumer Court with clear mention of the dates, work done, what is pending and default in terms of days.
Shanti Ranjan Behera
Advocate
Anonymous
Replied 5 years ago
Thank you sir. The builder is not willing to hand over the flat without the payment of interest. I am also scared that he might spoil my flat if I go legally. In the worst case scenario, if the amount is paid, can I go to consumer court after taking possession and will I be reimbursed in case it comes in my favour?
Shanti Ranjan Behera
Replied 5 years ago
Do what you think best option for you.
See others suggestions as well.
Shanti Ranjan Behera
Advocate
issue reply by legal notice to him counter
claiming Rs.20 towards mental torture and rent you had paid due delay made by the builder. Threaten to take the matter to consumer forum.
Anonymous
Replied 5 years ago
Thanks you air. I will discuss with the builder and file a notice if I cannot come to an agreement.
Anonymous
Replied 5 years ago
Thank you sir. The builder is not willing to hand over the flat without the payment of interest. I am also scared that he might spoil my flat if I go legally. In the worst case scenario, if the amount is paid, can I go to consumer court after taking possession and will I be reimbursed in case it comes in my favour?
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