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Can builder demand remaining amount without giving possession
08-Dec-2023 (In Property Law)
Hi, I have a flat in Noida bought under PLP 40:60 plan where in 60% of the payment is due on possession. My builder has generated the final 60% demand letter without offering Possession, the OC/CC for the project is also not received. Builder is saying post the demand he will handover the apartment and CC will also be obtained by then. I am not comfortable with the arrangement as I bough in PLP plan by paying extra to cover this risk. On top of it builder is saying on non payment he will put penalty What are my options I have? Should I send a legal notice and approach consumer forum/Noida Authority? In case I don't pay will I responsible to pay penalty Can builder demand final demand without offer of possession letter/Occupancy certificate? Thanks Worried Buyer
no, builder cannot demand remaining amount without giving possession
1) you are entitled to seek compensation for delay in delivery of possession by the builder .
2) since builder is charging you 18%interest if you delay making payment similarly he should also pay interest at 18%for delay in delivery of possession by one year
3) you can move consumer forum against the builder to direct builder to pay you interest / compensation for delay in delivery of possession .
4) further you can seek direction that builder shall hand over possession within stipulated period .
1) you are entitled to seek compensation for delay in delivery of possession by the builder .
2) since builder is charging you 18%interest if you delay making payment similarly he should also pay interest at 18%for delay in delivery of possession by one year
3) you can move consumer forum against the builder to direct builder to pay you interest / compensation for delay in delivery of possession .
4) further you can seek direction that builder shall hand over possession within stipulated period .
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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builder is acting arbitrarily with you. your agreement needs to be studied in detail so as to ascertain whether the builder has inserted any clause enabling him to demand the amount from you. your first and foremost step should be to issue a legal notice to the builder and then look out for other alternate remedies available
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