by indrani007 » Sun Jun 10, 2012 4:12 pm
One point I want to share with everybody that as enhanced EDC,I received demand letter for Rs. 2,29,000/- against which I paid Rs. 1,30,000/- i.e. I kept outstanding amount as Rs. 99,000/- against enhanced EDC. This was done considering that the court verdict will be in the favor of Flat buyers. subsequent to this one demand for Rs. 1,74,000/- was received from SRS for casting of 1st floor slab. Payment was made immediately but SRS issued receipt for Rs. 75,000/- against 1st floor slab casting and indicated Rs. 99,000/- as outstanding -with this they incorporated interest @18% on outstanding amount. When the matter was chased with SRS they said that whatever amount received by them has been diverted for settling the EDC demand and the balance related to construction has been given the second priority, and thus the outstanding became Rs. 75,000/- & as per terms of the agreement they are supposed to charge 18% & 24% interest if delay is beyond 1 & 3 months respectively.
It indicates whatever payment the builder receives from us will be diverted to EDC account at first and thus construction related payment will appear as outstanding in their Books of Accounts and they will charge penalty on that. It is very difficult to challenge them that the amount as such is outstanding against EDC and they are not supposed to charge any penalty against that.
The matter was personally taken up with SRS authority but they refused to listen and in subsequent demand letter also, they have indicated the amount as outstanding and charged penalty of 24%.
So, as per my understanding, I committed mistake by not paying enhanced EDC amount on time and I do not find any way out, to get relief of the interest being charged by the builder. The builder has their own ways and means of extracting money from individual buyer.
In such scenario if anybody has any opinion/ suggestion please share.
Regards
Shyamal Roy
SRS Royal Hills