Mukti Harshil Shah
I bought a 3 Bhk flat in Samsara project of Alembic (Alchemy Real estate) in Vadodara.
My query is regarding the below mentioned clause in the Sales Deed, they have mentioned. Such clause was not disclosed to us at the time of booking neither in the Agreement to Sale.
If the Purchaser fails to occupy or vacates the Flat sold to him/her/ it/them for a period of six months from the date hereof or any time thereafter or he rents out or gives on Lease or License or tenancy basis, he/she/it/they shall be liable to the payment of the sum of Rs.12000/- by way of non occupancy charges.
My concern is, though at the time of booking, we had clearly mentioned that we want to buy the flat as an investor and give it on rent, and then also such clause was not disclosed. They have now mentioned the above clause in sales deed and in none of the other formal communications.
Alembic is not ready to remove the clause no ready to confirm whether the payment is one time, or for one year or on half yearly basis.
This is totally a non transparency behavior from a customer’s point of view. We have not yet executed the sales deed.
We request your views on how to solve the above mentioned concern. We do not want to agree to the clause.
I C Naik
Mukti says “We have not yet executed the sales deed.” And she has objection to NOC clause in the Sale deed possibly a “Draft Deed”. She maintains that she had clarified that the purchasing the flat was an investment decision which was clarified to the seller and that builder did not disclose that at the time of booking neither in the Agreement to Sale.
She does not want this clause in the Sale Deed but builder does not budge. Mukti does not want this clause at any cost.
So what is the option? Flat has been booked and payment must have been made against receipts. Where do we find the contractual terms? In the Contract executed by both the Parties and registered. But that is no there. So whatever builder agitates his termed was a gentleman word which he is not ready to honour. Can you go the Court?
If court were to hear plea than why the hassles of executing a sale deed and registering it? And how does one satisfy the Court that builder had agreed? Where is the proof? Builder will dictate every legally tenable term for sale.
So execute the agreement and let the lawyer examine if NOC was an illegal demand? Till such time an agreement is entered in to there is nothing to contest except to cancel booking subject to the terms of cancellation the builder dictates. Government has made law but citizens must go by it.