Q:
Guys as you all must be knowing that our project has been delayed by more than 2 years. In my each meeting and written communication with LODHA 'bout the compensation for the delay possession, I was getting replay that that will be adjusted during the possession demand letter. But now last week when I asked my customer representative for a site visit, she asked me to pay the remaining 5% of the consideration i.e. nothing but the possession amount else I won't be allowed for a site visit. And she also confirmed LODHA is in no mood to pay the compensation to us for the delay payment. I asked her that by saying this they are breaching the contract mentioned in the Sale agreement. They said they don't bother 'bout this. So guys I've decided not to pay the possession amount and go to the consumer court. I also think you all will get the same response when you'll be aksing for the compensation. Guys please share your experience and opinion.
Hi Guys, Please find a valuable link in the Sales Tax website, MH where we can find a clear information on the MVAT and FAQs. Select the link "New FAQs in respect of developers with basic information". The website URL is
Hi Guys, Please find a valuable link in the Sales Tax website, MH where we can find a clear information on the MVAT and FAQs. Select the link "New FAQs in respect of developers with basic information". The website URL is
Thank you Sagar and Mohan. I think now the only way left is the legal way. Because once we pay the possession amount and take the possession the builder is not going to give the compensation. That is the reason I'm planning not to pay the possession amount and once I receive the demand for the possession I'll file a complaint in the Thane Consumer Court with all the relevent documents. I hope all the Casa univis owners will face the same issue. So why not join and work together and we'll get this thing done. We welcome opinion and suggestion from other people and flat owners and if possible we can meet or talk.Thank you Sagar and Mohan. I think now the only way left is the legal way. Because once we pay the possession amount and take the possession the builder is not going to give the compensation. That is the reason I'm planning not to pay the possession amount and once I receive the demand for the possession I'll file a complaint in the Thane Consumer Court with all the relevent documents. I hope all the Casa univis owners will face the same issue. So why not join and work together and we'll get this thing done. We welcome opinion and suggestion from other people and flat owners and if possible we can meet or talk.
Guys, since a lot of people have the same kind of impression on the trouble created by LODHA to the LODHA Splendora (formerly CASA UNIVIS) buyers and more people joining this forum I think I agree with people who think we should take it to a bigger level. We should conduct a formal meeting and collect the grievences of all the buyers together and discuss the steps to handle those. Please have your suggestions.Guys, since a lot of people have the same kind of impression on the trouble created by LODHA to the LODHA Splendora (formerly CASA UNIVIS) buyers and more people joining this forum I think I agree with people who think we should take it to a bigger level. We should conduct a formal meeting and collect the grievences of all the buyers together and discuss the steps to handle those. Please have your suggestions.
I agree with Hemant. This is the reason I've started this blog so that we get to know more people and their interest in the issue. And I got some people who are really interested in this movement. They did contact me and we’re in talk with each other. We need some concrete plan and have some kind of meeting and ask other people to join us, share their views. I agree this is a long process but nothing is that long and difficult unless we start early. Since the possession of IGNIS has been started we can take initiative and set a mark so that other clusters do not have to suffer. From my side I’ve filed RTI at Sales tax Department, Thane for the applicable MVAT and ST and the components (agreement value/total cost of the flat) on which it is applicable. Once I receive the RTI reply I’ll share with all of you and show that to builder. If builder doesn’t revert the charges then we have a strong case against him. Please share if anyone has taken any initiative.I agree with Hemant. This is the reason I've started this blog so that we get to know more people and their interest in the issue. And I got some people who are really interested in this movement. They did contact me and we’re in talk with each other. We need some concrete plan and have some kind of meeting and ask other people to join us, share their views. I agree this is a long process but nothing is that long and difficult unless we start early. Since the possession of IGNIS has been started we can take initiative and set a mark so that other clusters do not have to suffer. From my side I’ve filed RTI at Sales tax Department, Thane for the applicable MVAT and ST and the components (agreement value/total cost of the flat) on which it is applicable. Once I receive the RTI reply I’ll share with all of you and show that to builder. If builder doesn’t revert the charges then we have a strong case against him. Please share if anyone has taken any initiative.
So far we got to know that everyone is in opposition with the unfair demand of the builder regarding MVAT and denying paying the compensation. My agreement clearly mentions that the builder is liable to pay the compensation. Another news is that I got the possession demand letter for my flat (IGNIS E-1504) and there're a lot of shocking surprises out there. The Builder has charged MVAT and ST on Club, society, CAM and Other charges which are illegal. Another surprise is that they have increased the maintenance @6.5 /- per sqft against @3.5/- per sqft which is mentioned in the agreement. Also the possession demand letter doesn’t mention anything ‘bout the OC. I’m not taking the possession until the OC is received for my flat and the builder agreed not to charge any late payment fee for this. I’ll go to MCHI, Thane office and file an RTI for the MVAT % and seek help on how we can take against the builder for the violation he is doing based on the sale agreement.So far we got to know that everyone is in opposition with the unfair demand of the builder regarding MVAT and denying paying the compensation. My agreement clearly mentions that the builder is liable to pay the compensation. Another news is that I got the possession demand letter for my flat (IGNIS E-1504) and there're a lot of shocking surprises out there. The Builder has charged MVAT and ST on Club, society, CAM and Other charges which are illegal. Another surprise is that they have increased the maintenance @6.5 /- per sqft against @3.5/- per sqft which is mentioned in the agreement. Also the possession demand letter doesn’t mention anything ‘bout the OC. I’m not taking the possession until the OC is received for my flat and the builder agreed not to charge any late payment fee for this. I’ll go to MCHI, Thane office and file an RTI for the MVAT % and seek help on how we can take against the builder for the violation he is doing based on the sale agreement.
Mine is IGNIS E-1504. I'm quite sure they are not giving us the compensation so easily. We've to fight. They even don't bother that they are breaching the contract mentioned in the Sale agreement by denying the compensation. We've a strong point here since in our agreement the clause is there. Are you planning to take the possession without the OC and the compensation? I'm not since the compensation itself comes around 4lakh and I'm not going to loose that. I'm only waiting for the possession demand letter and then I'm planning for the Consumer court.Mine is IGNIS E-1504. I'm quite sure they are not giving us the compensation so easily. We've to fight. They even don't bother that they are breaching the contract mentioned in the Sale agreement by denying the compensation. We've a strong point here since in our agreement the clause is there. Are you planning to take the possession without the OC and the compensation? I'm not since the compensation itself comes around 4lakh and I'm not going to loose that. I'm only waiting for the possession demand letter and then I'm planning for the Consumer court.
I do completely agree with Rajesh. This is not fare. While executing the contract It's been decided the maintenance would be @3.5/- and they can not just increase to whatever rate. And I feel maintenance @6.25/- is not justified to place like Ghodbunder rd. Also I do not understand why are they demanding the Club charges now since none of the amenities are ready. I've visited the site 20 days back. They entrance road to the buildings are also not yet ready. I think all of the flat owners who have received the possession demand letter should meet up and decide on the excess maintenance charge imposed on us.I do completely agree with Rajesh. This is not fare. While executing the contract It's been decided the maintenance would be @3.5/- and they can not just increase to whatever rate. And I feel maintenance @6.25/- is not justified to place like Ghodbunder rd. Also I do not understand why are they demanding the Club charges now since none of the amenities are ready. I've visited the site 20 days back. They entrance road to the buildings are also not yet ready. I think all of the flat owners who have received the possession demand letter should meet up and decide on the excess maintenance charge imposed on us.
Hi Deepak, Even I'm also staying on rent and as you said its really painful to pay EMI, rent, MVAT, ST, CAM etc etc. I won't take the possession until the OC is received as it's a legal permission to move into the new residence. As per LODHA it has already applied the OC for IGNIS and it may take max 6 months but can be received within 2/3 months. And LODHA has also confirmed they won't charge the delay payment penalty if you'll pay the final possession amount once the OC is received and this is legally true. Once the OC is received I'll pay the possession amount and move into my flat and continue the legal work with consumer court. We can get some more people to join the group, exchange opinion, form an association and present our case collective in the consumer court. So we'll have a stand and make it fast.Hi Deepak, Even I'm also staying on rent and as you said its really painful to pay EMI, rent, MVAT, ST, CAM etc etc. I won't take the possession until the OC is received as it's a legal permission to move into the new residence. As per LODHA it has already applied the OC for IGNIS and it may take max 6 months but can be received within 2/3 months. And LODHA has also confirmed they won't charge the delay payment penalty if you'll pay the final possession amount once the OC is received and this is legally true. Once the OC is received I'll pay the possession amount and move into my flat and continue the legal work with consumer court. We can get some more people to join the group, exchange opinion, form an association and present our case collective in the consumer court. So we'll have a stand and make it fast.
There's no calculation as such. It is mentioned in the Sale agreement that if the builder fails to handover the possession of the said flat after the completion of the grace period (6 months), the Builder on demand is liable to pay the compensation @12% of the amount paid by the buyer so far. Considering my case I've already paid 95% of the agreement/consideration value. remaining 5% is the possession amount which is yet to be demanded by builder. The actual possession was May2011 and the 6 months grace period ended in Nov2011. So the penalty period started from Dec2011 till the actual possession i.e. with the OC but the builder claims it'll be the fit-out possession which is without OC. That is again a confusion. So the compensation in my case @12% on the the 95% of the consideration i.e. 36 lacs comes around 4.32 lacs a year.There's no calculation as such. It is mentioned in the Sale agreement that if the builder fails to handover the possession of the said flat after the completion of the grace period (6 months), the Builder on demand is liable to pay the compensation @12% of the amount paid by the buyer so far. Considering my case I've already paid 95% of the agreement/consideration value. remaining 5% is the possession amount which is yet to be demanded by builder. The actual possession was May2011 and the 6 months grace period ended in Nov2011. So the penalty period started from Dec2011 till the actual possession i.e. with the OC but the builder claims it'll be the fit-out possession which is without OC. That is again a confusion. So the compensation in my case @12% on the the 95% of the consideration i.e. 36 lacs comes around 4.32 lacs a year.