For an under-construction project, receiving final demand notice after years of struggle and pain should in all means be a matter of satisfaction. However, as it generally turns out, this is just stage 2 of buyer’s ongoing demand for a justified and habitable possession.
Following steps shall be followed by a buyer before paying up the final installment to the builder. Readers are requested to add if anything equally significant is missed out:
1. Check number of days given for payment. Make sure that at least 30 days are given for clearance of final due.
2. Check for surprises as part of the demand letter:
-Are there any unexpected extra charges? Make a note of all such charges. You will have to seek justifications from builder for these charges.
-Were you supposed to get penalty but have not got? Make a note seeking reasons for not giving the due penalty.
-Any super area increase? Make a note for seeking the basis for this increase and a joint inspection for approving the same.
-Has builder received occupancy (OC)/completion certificate (CC)? Make a note for seeking OC/CC in lieu of completion of the unit.
-Check your flat and its surroundings. Not satisfied with the condition of flat and surroundings? Make a note.
3. By now, the buyers should have already formed a group (you should have ideally been a part of group already). If not,
browse through google groups, yahoo groups and facebook groups to see if there is an existing group.
If the group exists, check if a registered association of buyers (legal entity) exists. Buyers shall form a registered
association to give it a legal weight-age. Steps to form an association are given here.
4. Based on notes on point 2, drop an email to the builder keeping builder’s highest management in loop. This shall be done at both individual and group level. Seek information and the rationale behind each and every point. Seek
compensation and re-adjustment of amount in final demand notice in absence of satisfactory response. Mention that the payment from your end is subject to a satisfactory response from builder’s end. This email shall go as soon as possible once you reach to a logical conclusion on the unethicality of demand letter.
5. Send regular reminders to the builder seeking response.
If responses are not received or if the response is not satisfactory, any further communication with the builder shall have mention of the same.
6. Lastly, provide strength to the group but if for unavoidable reasons you are under the compulsion to take possession and hence pay within the due date, please convey to the group and make sure you convey to the builder that the payment is made under the compulsion and that it does not waive your right to demand penalty and compensation for damages rendered to you both financially and emotionally.
Get inspection done (refer our checklist for inspection) and follow up constantly through emails for ensuring you receive keys within a specified time frame with flat in spick-and-span condition.
Emails you had sent previously is good enough to stand in the consumer court as a proof of your disagreement with the builder. Hence, consumer court has to be your next course of action in case builder has not compensated/adjusted the amount as requested by you.
Last updated: April 24, 2015 at 11:19 am