Compensation charges to the farmers to be paid by whom
On 18th Jan13 I booked a flat 1104(1085 sq ft) in Nicholas3, Supertech CZAR Suites Plot no. GH-02, Sector Omicron-1 Greater Noida Uttar Pradesh 201308. The possession date was 31st Mar15, but after delay of around 1.6 years on 20th Sep16 I got pre-possession letter & have been asked to pay below components charge. Please brief me about details:- 1) Additional(farmer) compensation Charges @Rs.187.26/sqft. :- Its levied on the account due to farmers agitation in Greater Noida. As per court order money had to be paid to farmers so they asked builder to pay it. Here as per builder court had ordered to get money from buyer which has been imposed by GNIDA. Do we buyers have to pay this amount? And does this property land area also come under this. If it comes let me know what is the cost to be paid per sq ft as per order by court since as per Supertech they are charging Rs.187/sqft (refer attachement). 2) Labour welfare charge @Rs.20/sqft. :- Charges are those charges which are incurred by the company for the welfare of construction workers at its projects. This includes i.e education of their children, medical facilities, payment of statutory charges etc. Does this amount to be paid by buyer or builder. If to be paid by buyer then what is the amount to be paid & what should be the calculation. Will it be charged on per sq ft basis. 3) Water Connection Charge @Rs.25000/- :- Does this amount to be paid by buyer or builder. If to be paid by buyer what is the amount to be paid what should be the calculation. 4) Advance Maintenance Charge @2.5/sqft for 1 year:- Please let me what amount should be paid by buyer as Rs2.5/sqft is quite high and also does this needs to be paid for 1 year. 5) Escalation Charges:- It is mentioned in the agreement. But do buyer have to pay this amount irrespective of cost of steel, cement, fuel etc increased.
The High Court of Hyderabad like many high courts to avoid improper conduct by local authorities (like the G.H.M.C.) and to protect the rights of citizens, accepts matters of urgency during vacation.
The Supreme Court of India has provided elaborate guidelines to show what matters can be posted and the procedure regarding the same. Firstly, the Apex Court has stated that matters relating to imminent apprehension of demolition of property, are classified as urgent matters that can be given due preference for court hearings. Secondly The Court has reiterated that every matter to be moved before vacation Court should be accompanied by an affidavit, indicating all the material facts necessary for the formation of opinion about its urgency. The required material facts and particulars should invariably include:
1) The nature of the matter;
2) The date of the impugned order, if any;
3) The reason for not filing it before the vacation, if the impugned order was made or the cause of action arose on an earlier date;
4) The latest date up to which the matter can be heard in view of the urgency indicated therein; and
5) The nature of interim order sought for which the urgency is indicated must be mentioned. Thus you can approach the High Court following the above procedure, requesting
1)Writ of Mandamus, which commands a local authority to perform its duty as directed by the court, and
2)stay against the demolition of your house.
1) The Court is the final authority in fixing duties of buyer and builders. Therefore if the court has fixed the duty of providing compensation to farmers on the builder, and it is left unchallenged in a court of appellant jurisdiction, then only the developer must pay charges and not the seller.
2) The Buildings and Other Construction Workers Welfare Cess Act 1996, mandates all employers, developers, builders and other construction companies to pay an amount known as the welfare cess used to welfare of workers. Therefore you do not have to bother about paying this amount as the Act levies the duty upon the builder and not the buyer.
3) The question regarding water connection entirely depends on the kind of agreement entered into by the builder and the buyer. Here money can be adjusted from the total amount depending on who pays the water connection amount. This implies that if you pay for water connection (Rs. 25000 as mentioned by you) you can demand a reduction in the amount due on the property.
4) Similar to the water connection even the amount to be paid for advance maintenance charges must be ascertained by you and the builder in the agreement. As far as the right amount is concerned you must analyze the prevalent trends of such charges in the vicinity of your property and then negotiate with the builder.
5) Lastly about the escalation charges, most builders do put an escalation charge clause in the agreement. Though escalation charges must be considered a business risk and must be bared by a builder, it only depends on the agreement entered into by the parties. Therefore thoroughly analyse your agreement to detect any unethical levying of charges and act accordingly.
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