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Delayed possesion and change of type of construction

(Querist) 13 January 2014 This query is : Resolved 
I have booked a office space in mumbai suburb's commercial tower in 2011 @ 9000 PSf (area 600 sqft) under prelaunch offer. The progress has been very slow and almost to halt, now after 3 years, for some reason the builder is planning to change the building to residential. we already had paid 50 % of the amount @ prelaunch time. The sale agreement is already done for office.
Builder is offering 2 BHK residentail apts with additional area of 600 sqft @ 13000 PSF. Can we quit from the project , what should be the refund? What happens to the registration and stamp duty charges we had already paid? What if we opt for a 2bhk residential what should be the ideal cost? please advise.
Devajyoti Barman (Expert) 14 January 2014
If you wish to shift to another project , you are entitled to adjustment of whole prices you have already expended.
Another option is to get refund of money.
If neither of the two happens you can file a case before the consumer forum and ask for possession and compensation.
Rajendra K Goyal (Expert) 14 January 2014
Option is yours to agree for the offer or not. You are entitled for the refund with interest and expenses or compensation equivalent. If not agreed by other party, you can file complaint in consumer forum.
T. Kalaiselvan, Advocate (Expert) 14 January 2014
If there is a sale agreement,you can issue notice for enforcement of said agreement and then file a suit for specific performance of contract, consult your lawyer.
Surrender K Singal (Expert) 18 January 2014
Ideally you should be entitled to compensation at market rate which ever we you opt


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