Query from Durgesh Purohit

I have purchased a flat in Navi Mumbai on December, 2017, giving full payment. Now at the time of possession builder is demanding 45 thousands more. At the time of purchase I paid all the cost.

When I inquired he said that 45 thousands is for grill. But at the time of purchase he did not quote anything for grill. Tomorrow he may ask more money for any other reason.

How can I save myself?

I C Naik

Flat purchase is a contract matter and all terms are recorded in the Contract document which is to be registered with the Registrar of Agreements. In case of any dispute parties can insist for adherence to the written terms.

If the builder wants higher consideration not agreed by you as per purchase contract point that out to him and still he does not agree what I suggest is you ask him to accept 45k under protest subject to refund if later on any authority makes an order accordingly. Even this is not a MUST. Do not delay possession as builder having got price of the flat already delay in your taking possession does not cost him. After possession you can send him a legal Notice for refund of payment beyond contract price.

If no refund is not received with in time as per Notice you can fle a civil suit and also a consumer dispute before district consumer court for redressal of deficiency in service.

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