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Home > Forum > Thane > Majiwada > Possession

Possession

Q: I am a owner of a flat Fairfield -B. I Possession is delayed from Feb-10 to Dec-10. Will it happen

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Thane Majiwada Lodha Luxuria
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2nd April 2012
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87
I already paid service tax for the property in Westgate A. Now the builder is demanding more service tax for the period until sep 2011 which is the new proposed date for possesstion. My question is why are buyers paying the service tax for the delayed possession. This should be paid by the builder. We buyers are paying the penalty for the delay from builders side. If the builder delays the project for 5 more years, are we supposed to be penalised by paying the service tax?
SF


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17th September 2011
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13th September 2011
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90
Hi, I have bought a falt in fairfield B. As per the conversation I had with their executive today, she claimed the building will be good to live by july end. Did they mean what they say or still they are jesting around. Guys what your take,pls suggest
amit


91
I had purchased a flat in Fairfield B in August 2009, I was promised possession by December 2009. The entire payment has been taken in December 2009 and the building is not yet ready (even today). I am taking legal action against Lodha. If anyone is interested in joining hands please mail me at venkat.j.srinivasan@gmail.com and we can make it a class action. I already have about 20 other buyers who have joined me in this case.
Venkat Srinivasan


92
Dear All, I have a 3BHK at Fairfield C. My agreement was done in Dec 2009. Now I have been told that I have to pay 5% VAT on the property. Do you guys know about this? What's the exact rule. And did they mention it at the time of booking the flat. Also, for Fairfield B, are you getting the possession in March 2011.
rajkumar shaw


93
HI, I have booked flat in Fairfield A and committed possession was June 2010. The clause in the agreement on delayed possession is as below.
" In the event, the Builder/Promoter fails to handover the possession of the Residential Flat to the Purchaser beyond the said grace period of 6 months then in that event Builder/Promoter shall, on demand, be liable to refund to the Purchaser compensation calculated at the rate of 12 per cent per annum on the amounts paid by the Purchaser from the date of expiry of such grace period of 6 months, till the possession, of the Residential Flat."

This would mean if we have not paid any amount during the grace period and the delayed/extended period, Lodha is not responsible to pay any compensation (which was incidently 12%). Smart One-sided clause,as they have ensured that almost 95% payment is done by everyone well before the committed possession date and remaining 5% will happen on possession, so no penalty applicable from Lodha's end. On other h
paras


94
I am also a owner in Fairfield - can i ask what everyone is doing to demand compensation (interest) from Lodha for delayed possession?
SP


95
pl note that i am talking about on 1566 & 1602 sq ft 3BHK flats... 1800+ sq ft flat has all amenities as shown in model flat.... the bathroom size in master bed is approx 4.5ft by 7 or 8 feet & i am sure they can not install a tub in that size.... let's see if their international architects can surprise us... I too thought all 3BHK has tub by default (rather all amenities of luxury flat)
kulkarni


96
If the bath-tub is shown in the brochure, it will be provided.
Lynchian


97
Hi Kulkarni, I always thought that the bath tub was part of the deal. I have booked a 3BHK in Fairfield C and this is surprising. This is really cheating. Today there's an IT raid on the Lodha.
rajkumar shaw


98
I have a flat in Fairfield... I guess delayed possession and interest on delayed payment is issue for all .... i did see the site last week and feel that even july possession is very aggressive timeline... i see some challenge in their commitment of all amenities.... in 1566 & 1602 sq ft 3BHK flats they are not providing tub in master bed... did you all know that? am i only person who mis-understood & assumed that to be part of deal? when i checked their brochure, in picture at least it shows tub ....
kulkarni


99
Hi all,
I'm a target of some aggressive marketing for an apartment in Fairfield A & decided to checkout this owners' forum. A lot of information was available, some good & some bad. I need immediate possession (at least by March '11 as promised by the builder) & now am skeptical about making a decision to purchase here. Also wanted to know how is the demand for rentals here? What can u expect for a 3BHK? Kindly guide.
GM


100
Lodha Luxuria is not charging service tax/VAT at the time of the booking. What's the deal? Also they inform the customers they will close the huge nulla running parallel to Westgate and Fairfield buildings before the possession. Is that clause included in the sale agreement?
Lynchian


101
If anyone gets the update or possession before the proposed date please do let us know. Also has anyone visited the site lately?
SF


102
Hi Mr Iyer. No matter who the developer is there will be some problem or the other. And I agree with SF that area will be quite a cool place to live once it is ready. There will be few hiccups but I am sure that the end result will be good. At least this much we can trust Lodha. I have a flat in Fairfield C. And if I have to take the decision today then still I will go for it again. That area and the amenities has all ...and plus everything you can think of.
rajkumar shaw


103
I know the comments would discourage any buyer. But I still think its a wise decision to buy a flat in Lodha Luxuria. I'm I bought a flat in Westgate A. Once ready it would be a very nice complex to live in.
SF


104
I was keenly considering to buy an apartment in Fairfield -B. These comments above are really discouraging to read. What should I do?
Chandrasekhar Iyer


105
Lodha sent a mail saying that possession for Cleremont building has been delayed from JUne 2011 to Dece 2001, citing some unstated external factors. Are there people who have got similar ails, letters etc.
Abhinav


106
Guys I have a flat in Faifield C. The same happened with me-- Lodha sends a letter giving only 15 days window for payment. While all payments have been made, on 15th May'10 I get a mail asking me to cough up an exorbitent interest charge without any details provided. Also I am not sure, on the other hand, whether they would pay us when the project goes beyond stipulated time?
S SARKAR


107
I booked a flat in westgate A. Possession is delayed from Feb 2011 to Dec 2011. When I called them they said that they didn't get electricity approval. But I guess thats not the reason for delay. They didn't ask me for any installment since last 2 and half months which would be for 13th slab. This means there is delay in construction as well.
SF


108
hi guys, there is another problem I am facing. The Lodha were incommunicado for one month and later they took 15 days to send a NOC. For this the payment got delayed from the bank. And they have levied an exhorbitant interest charge for that. Are you guys facing any similar problem. The executive who is in touch says we know the delays was not your fault and she will convince the management to waive it. now, is that executive not part of the Lodha team. Again they have made a demand for the interest. Please guide what to do? Is anyone facing any similar problem?
rajkumar shaw


109
dear all, i have got flat in westagte A n they r saying to check the agreement for the interest part to be reimbursed on delay Clause# 22 on page 15 of the agreement....i hope everything goes well .....
Paresh


110
Hi Shashank ,I have purchased flat in Westgate ,same delay .Do let me know if you get to know about reason of delay.
Jai Arora


111
Hi Shashank,
Did u check the contract which builder asked u to sign. I found that some of the plots of land listed have not ben registered. When I asked the builder office in writting, they failed to give any reason for failure to register plots of land of this project. Have u done any research on this? Please do let me know. Tks
Regards,
Atul
AKG


112
According to the contract, the Fairfield - B can be completed by aug without penalty so we will come to know about the actual cause of the delay only in aug when the builder will tell us why he cannot give us 12% penalty. if you know what i mean
gaurav


113
Hi Shshank, I have booked a flat in Fairflied C. Mine is delayed from Dec 10 to July 11/ let's keep in touch. let me know if there are any issues. they tell me that they haven't got an approval for electricity and water.
rajkumar shaw


114

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