service tax on increased area +
Rs.85,131/- paid as Pre-EMI to HDFC + Rs.25,000/- towards interest free
security deposit and maintenance charges ... subvention scheme
wherein the Opposite Parties were to pay the Pre-EMIs to the HDFC till the date
actual possession was given as the complainant
from the various dates of payment minus the pre-EMIs interest paid by OP No. 1 to OP No.2. It is further observed that ... under Subvention Plan and under that the Developer was to pay Pre-EMI on behalf of the Complainant to DHFL from the date of disbursement
EMIs, it later defaulted and asked the Complainants to pay the EMIs with an assurance of
reimbursement, compelling them to pay EMIs from December ... averred that Opposite
Party No.1 had paid the pre-EMIs till February 2021, and that no amount is outstanding from its side
developer
(opposite parties No.1 & 2) was required to pay pre-EMIs on behalf of
the complainant till handing over of possession ... EMI shall be as
per the terms of the loan agreement executed by the Borrower.
Till the commencement of EMI the Borrower shall pay Pre
deposited by the complainants with OP alongwith interest @ 12% minus pre-EMI interest already paid by OP to financial institution.
The amount paid ... EMI till possession. Otherwise also as per subvention scheme, no EMI till possession but Op vide letter dated 20.12.2015 denied to pay pre-EMI interest
admittedly, Opposite Parties No.1 to 3 undertook to pay the
EMIs (Pre-EMI) until possession.
5. The complainants deposited a total ... remedy before this Commission concerning the
unit in question, except Pre-EMIs payable under the subvention scheme.
12. Since the effect of the settlement deed
agreement, the
builder was required to make the payment of the Pre-EMI upto
31.10.2021 or offer of possession, whichever is earlier. The
complainant further ... that OPs No.1 to 9 were required to pay
the Pre-EMI upto the date of handing over the possession of the
apartment
dated 06.04.2015, opposite
parties No.1 to 3 admitted to bear Pre-EMI interest on the loan amount
till December, 2015 under Subvention Scheme, which ... Hence, opposite parties No.1 to 3 are liable to bear Pre-EMI interest
with effect from 26.12.2012 (date of execution of Tripartite Agreement)
till
investors, the Opposite Parties offered a special scheme called No Pre-EMI
Interest till possession in association with HDFC Ltd., for the aforesaid
apartments ... favour of the
builder, who was to bear all the pre-EMI interest, payable to the Bank till
offer of possession. It was further stated
dated 15.09.2023 (Annexure C-2), whereby the Promoter undertook to
pay pre-EMI interest up to 75% of the BSP until the offer of possession ... obligations, opposite parties No.1 to 3 failed to service the pre-EMIs during the
construction period, and in May 2024, requested the Complainants
