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Author Topic: Final payment before inspection  (Read 207 times)

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Offline YatinRN

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Final payment before inspection
« on: August 02, 2018, 12:14:05 PM »
I purchased an apartment in Gurgaon and the payments were based on a construction linked plan. The apartment seems to be ready and the builder has sent the Notice of Possession which asks for the final payment to be made within 30 days. However, they are allowing inspection of my apartment only '10 to 15 days' after the final payment is made. On asking for a time to inspect the apartment, the response is to inspect the sample flat as they can only show us our apartment after final payment has been made and received by them.
Is this standard or accepted practice as I would prefer not to make the final payment till I have inspected the flat for any 'defects'. If it is not acceptable to ask for final payment before inspection, what would you suggest is the recourse.

Thanks a lot for your opinion.

Offline advjaibansal

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Re: Final payment before inspection
« Reply #1 on: August 07, 2018, 07:24:02 AM »
Please make the payment and take the possession. Otherwise they will put penalty for late payment. The flat will remain the same what they have made. If you have any complaints then you may file a consumer court case after taking the possession about the quality of the constructions.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Final payment before inspection
« Reply #2 on: August 07, 2018, 10:39:59 PM »
Dear Sir,

If the issue a covered by RERA you may approach them for appropriate relief of inspection and there upon depositing the final installment. Failing which you may approach a Civil Court for appropriate relief of specific performance and a direction for physical inspection of the Apartment and express your intention to deposit the remaining amount in the Court if it so directs.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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