Hello Lawyers
First of all, congratulations for such beautiful platform, where legal question can be asked and get answers for it.
My story follows, I have purchased flat (850 sq.ft) in Pune - Kondhwa bhudruk from one of the reputed builder from mumbai. i have completed registration formality, and property is on my name after paying all legal duties, the last 5% payment left to disburse as it agreed on possession of flat, actual possession was promised by builder by 15th Dec. 2013 but its not handover yet.
3 days back i have received an email from builder saying they are going to increase basic rate of by 200 Rs per sq.ft by 15th Jan 2014, which will increase cost of 1.7L to flat.
my question here is, can builder ask for increase after registration but before possession? i have gone through contract, my eyes are not trained to capture those loppholes which generally this builder may have kept. it was agreed by builder to provide flat after several meetings without any increase, unfortunately that are not recorded meetings.
one of the clause of contract says following
"It is further mutually agreed, accepted and confirmed between the parties that, in case that the area of the said flat is increased due to any reason whatsoever, the PURCHASER/S hereby unconditionally agrees, accepts and undertakes to pay the DEVELOPER the price/consideration for increased area as per then prevailing rate."
i feel cheated and builder is trying to get more money by such ways, what are my rights in that case? or i m just another victim of such frauds
regards
Saifuddin
