Harrasment by builder!

Rudolf Rodrigues (Querist) 02 July 2015 This query is : Resolved
Dear learned lawyers,

I had booked a flat in Dahisar, Mumbai in 2010 which was to be completed by 2013 for which an agreement was made and duly registered and stamp duty paid with an agreement to pay in installments as per a schedule.

I regularly paid all the installments till the terrace slab of the building, but the final installment (the second out of five for the car park) got delayed by 3 weeks due to some confusion with the bankers from whom I had taken the loan; but still I send them check for the same which either got lost or they purposely did not present in the bank for obvious reasons. However, I cam to know about this after another one month as I had not checked by passbook during that time so I immediately made NEFT transfer of the installment along with the demanded interest to them, but I was shocked to hear from them that they have terminated my contract for delay in payment and they are not accepting my payment. They have sent me a notice of termination of agreement citing certain clause from the agreement. When I pleaded with them to take back the same, they said I will have to sign a new agreement to cancel the termination in which there is mention of me having to pay Rs. 1000 psf extra. I have paid almost 80% of the total amount and just for a single delay of car park installment worth 1 lac they are harassing me mentally and forcing me to sign the new agreement. FYI, they have delayed this project for above 3 years and still no work is progressing giving flimsy reasons for the same.

Now, I am in deep mental and financial strain as I am staying in rental accommodation paying high rent and my entire savings is blocked plus paying interest on bank loan.

I would urge you, learned lawyers, to advise me on what best course of action I should take to tide over this crisis which is being forcefully pushed on me without any legal backing.

Thanks in advance.

Sincerely,

Rudolf. R

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Kishor Mehta (Expert) 02 July 2015
Sir,

The action of the builder is illegal, there are numerous identical cases where the builder has been penalised by the Consumer Court.

Please approach an advocate immediately and file a complaint with the Consumer Redressal Authority.

Good Luck,
Kishor Mehta