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Builder changed from 4bhk penthouse to 2 units of 3 bhk

Querist : Anonymous (Querist) 23 May 2024 This query is : Resolved 

We have booked (through booking form) a 4 BHK Penthouse in 2016. For which 20% amount is paid in 24 EMI by us.

Builder did not shared any AFS details till today for the Penthouse. When we did inquiry with multiple follow ups over email with builder, it has come to know that builder has constructed two 3 BHK apartments instead of 4 BHK penthouse. As far as we understand that builder has sold out these 3 BHK apartments to some other party after taking plan approval from authorities.

Now builder tells to select other properties from the project and do the AFS for other properties.

What are the lawful actions could be initiated against builder as per RERA as we do not wish to go for other units or we do not wish to withdraw from our original booking form for 4 BHK penthouse.
T. Kalaiselvan, Advocate (Expert) 23 May 2024
You can lodge a complaint with RERA against the builder about his fraudulent and deceitful activities in this regard and seek the relief of allotment of the same property as per the booking form or direct the builder to return the amount with interest till the date of settlement.
In the absence of sale agreement you will not be eligible to file a suit for specific relief before civil court seeking direction to builder to allot the property as per booking.
You can approach consumer redressal commission for relief towards unfair trade practice by the builder but your claim is barred by limitation.
Querist : Anonymous (Querist) 24 May 2024
Thank you Sir for your precious guidance.

Will Section 18 part 2 of RERA act 2016 be applicable here in my case as I don't want to withdraw the penthouse.

As builder is unable to give possession of 4 BHK penthouse, can we demand the difference of amount considering the current market rate minus booking form rate for entire penthouse unit.

At consumer redressal commission the claim for relief can be barred by limitation. So could you please advise up to what limitations we should expect relief.
T. Kalaiselvan, Advocate (Expert) 24 May 2024
(2)The provisions of the referred clause are ;
The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this subsection shall not be barred by limitation provided under any law for the time being in force.
(3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale, he shall be liable to pay such compensation to the allottees, in the manner as provided under this Act.
You can approach RERA with a written complaint in this regard narrating the entire episode and pray the tribunal's intervention and to provide you the relief as per the referred clauses of the act
Querist : Anonymous (Querist) 24 May 2024
Thank you Sir. This is really helpful.

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