Comments on: What should be done if the builder is demanding extra money for an apartment? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/builder-is-the-company-which-constructs-a-property/what-should-be-done-if-the-builder-is-demanding-extra-money-for-an-apartment/?utm_source=rss&utm_medium=rss&utm_campaign=what-should-be-done-if-the-builder-is-demanding-extra-money-for-an-apartment Free Legal Discussion from atOnePlace.com Legal Experts on Indian Real Estate, Taxation, Repatriation, NRI Issues, Mortgage for Indian Properties Fri, 23 Sep 2011 14:17:04 -0400 hourly 1 http://wordpress.org/?v=3.0.1 By: atOnePlace http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/builder-is-the-company-which-constructs-a-property/what-should-be-done-if-the-builder-is-demanding-extra-money-for-an-apartment/comment-page-1/#comment-2131 atOnePlace Thu, 22 Sep 2011 05:16:59 +0000 http://legalcorner.atoneplace.com/?p=1111#comment-2131 Hi, You havn't mention whether you have completed registeration formalities or not. in my opinion, you should pay Rs.15k by cheque as it will be on record and take possession, complete all formalities and then approach consumer court. please don't waste time further or else you will be barred by limitation act. Shilpa Sharad Hi, You havn’t mention whether you have completed registeration formalities or not.
in my opinion, you should pay Rs.15k by cheque as it will be on record and take possession, complete all formalities and then approach consumer court. please don’t waste time further or else you will be barred by limitation act. Shilpa Sharad

]]> By: VR http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/builder-is-the-company-which-constructs-a-property/what-should-be-done-if-the-builder-is-demanding-extra-money-for-an-apartment/comment-page-1/#comment-1999 VR Sat, 22 Jan 2011 21:14:30 +0000 http://legalcorner.atoneplace.com/?p=1111#comment-1999 I have an interesting situation... I booked a flat with SVP in 2007, after several delays I was told the flat is ready for possession on payment of final amount. I transferred the remaining amount and requested for all the documents. They came back with an interesting story that they have discovered my payments (construction linked payment) were late on occasions and I need to pay additional 1,77,000. Surprised I asked them to review and sent all the mail correspondances showing that delay had not been on my part but was because they did not send me the demand letters to my US addresses despite my repeated requests. They kept sending the demand letters to India address where I do not live. Email trail clearly shows, everytime I received the demand letter on my US address, within 2 - 3 weeks the money was in their account. Anyways, they did not mention about any late fines or interest rate all through these years After calling them again and again and several emails with no respons, they sent me another letter that I need to pay the interest and yet another 1,90,000. What??? The later amount is becasue of something called EBSP. And interestingly they have generated a backdated letter to reflect this EBSP. That letter ofcourse does not have our sign on it. I have no idea what this EBSP is. I have the signed agreement letter which does not list this as any item. Further, there is no mention of rate of interest or delayed payment in any part of our agreement. I have sufficient proofs that I have sent the payments moment it was sent to me via e-mail. So, all in all they are trying to milk Rs 5,00,000 for no reasons. What would you advise me to do...? I have an interesting situation… I booked a flat with SVP in 2007, after several delays I was told the flat is ready for possession on payment of final amount. I transferred the remaining amount and requested for all the documents. They came back with an interesting story that they have discovered my payments (construction linked payment) were late on occasions and I need to pay additional 1,77,000. Surprised I asked them to review and sent all the mail correspondances showing that delay had not been on my part but was because they did not send me the demand letters to my US addresses despite my repeated requests. They kept sending the demand letters to India address where I do not live. Email trail clearly shows, everytime I received the demand letter on my US address, within 2 – 3 weeks the money was in their account. Anyways, they did not mention about any late fines or interest rate all through these years

After calling them again and again and several emails with no respons, they sent me another letter that I need to pay the interest and yet another 1,90,000. What??? The later amount is becasue of something called EBSP. And interestingly they have generated a backdated letter to reflect this EBSP. That letter ofcourse does not have our sign on it.

I have no idea what this EBSP is. I have the signed agreement letter which does not list this as any item. Further, there is no mention of rate of interest or delayed payment in any part of our agreement. I have sufficient proofs that I have sent the payments moment it was sent to me via e-mail.

So, all in all they are trying to milk Rs 5,00,000 for no reasons. What would you advise me to do…?

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