You can send a legal notice to the Builder against violation of terms of agreement entered into between buyer and builder. Some times the builder claims interest for the delayed payment from the customer, but they won't give any concession for the delay caused in offering possession of the property. In such circumstances you can directly claim the same rate of interest charged by the Builder, against the amount paid by you, for the delayed period. Format of legal notice demanding possession of property, interest and compensation for the delayed period in offering possession of property is giving below:
Registered AD/Speed Post
The managing director
________ Pvt. Ltd
Sir, Under instructions and authority from my client Mr. _________________ s/o ____________________ _______________ ______________, address _______________ ________________ ______________ I serve upon you the following legal Notice.
1. That in 20__ your company _________________ Pvt Ltd, Registered office at _______________, Delhi, had come up with a public offer to sell Residential Apartment under the name and style "_________________" in Sector ____, Gurgaon with assurance to complete the construction of the residential apartment and give possession within 36 months of signing the Apartment Buyers Agreement.
2. That by believing your offer as genuine and trusting on the Management of the company, my client have applied to purchase a Residential Apartment having super area of _____ Sq. Mtrs, in the above project for a Price or Rs. ________________ (Rupees __________ only), inclusive of External Development Charges, Infrastructure Development Charges, Preferential Location Charges (wherever applicable).
3. That you have demanded from our clients an amount of Rs. _______________ /- (Rupees _____________________ only) towards Booking amount payable on or before ______________.
4. That my clients have made two payments of Rs. ___________ on _________ against the above quoted demand.
5. That authorised signatory of ___________ Pvt Ltd Mr. __________ and Mr. ___________ Entered into agreement with my clients on ________ and signed Apartment Buyers Agreement on the same date.
6. That your company, the Developer, had allotted to my client, Apartment No. ______________ having Super Area of Approx. ___________ Sq. Mtrs with an exclusive right to use of 1 car parking space in the complex "_______________" to be developed in ____________ Haryana for a sale price of Rs. ___________/- (Rupees ___________ only).
7. That your company had agreed to sell and transfer the APARTMENT to the ALLOTTEE and my client had agreed to purchase the APARTMENT.
8. That as per clause 3 a) of the agreement you have offered to handover the possession of the Apartment within 36 months from the date of signing of the agreement.
9. That as per the terms of agreement, the due date for handing over the Possession of the Apartment was on _________.
10. That you have offered the possession of the property on __________ only after a delay of ____ months even after considering the grace period.
11. That as per the account statements given by you, my clients have paid total amount of Rs. ____________ (Rupees _______________ only). Payment details given below.
12. That on ______________ you have send an e-mail of Final Offer for Possession with a demand of Rs. __________/- towards 18% interest quarterly compounded, for the delayed payment as per clause 1.2 k) of the agreement. You have also demanded Rs. __________/- towards payment of balance amount.
13. That the Final Offer of Possession has been send by you after a delay of ___ months from the due date for giving possession as per the Flat Buyer Agreement.
14. That on ____________ my client Mr. ____________ has informed your concerned employees through e-mail that you have offered the possession after long delay. So the amount of interest demanded should be waived off.
15. That you have not inclined to accept the request of my client and repeatedly demanded interest for the delayed payment from my client.
16. Since you are not ready to accept the request of my client to wave of the interest, my clients have requested you to calculate interest on delayed period of possession on the amount paid by them, for the period from date of possession as per clause 1.2 k) of the Flat Buyers Agreement till the date of offer letter issued by you.
17. That again you have not inclined to accept the request of our clients with many unreasonable arguments.
18. My client say that as per the existing law of the land they are eligible to get interest against the delayed period of possession at the same rate and way you are charging interest on delayed payment on them.
19. That my clients is ready to pay the balance amount including interest after deducting interest for the delayed period of offering possession of the apartment.
20. That the calculation of 18% quarterly compounded interest for the delayed period of offering possession i.e. for the period from ____ to _____ is as under: Date of Agreement _______ Date of Possession as per agreement _______ DOP after grace period _______ Possession offer _______
21. That our clients says that you are liable to pay an amount of Rs. __________/- towards 18% compounded interest (the same interest rate you are charging on delayed payments by flat buyers as per clause 1.2 k)), which is to be adjusted against the outstanding balance showing against their account.
22. That as per clause 3 III) of the Flat Buyers Agreement you are also liable to give compensation against delayed period of offering possession @ Rs. 5 per sq. ft. per month of super area to our client. I, therefore, call upon you through this legal notice to adjust amount of Rs. __________/- (Rupees _______________ only) along with compensation against delayed period of offering possession @ Rs. 5 per sq. ft. per month of super area, against the outstanding balance of my client account and give possession of the apartment or make payment of the said amount to my clients, within a period of 21 days from the receipt of this legal notice, failing which our client shall be constrained to file civil as well as criminal complaint against the company/ all the responsible directors and staff in the court of law, in that event you might be burdened with all fees and risks which please note carefully.
You are further liable to pay a sum of Rs. _________/- as necessary cost and expenses of sending the present legal notice to you.
Copy of this legal notice is also kept at our office for further ready reference if required in future.
Name of Advocate
Section 138 of Negotiable Instruments Act
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