Cancellation of unit
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
I bought a Duplex in September 2009 from a very reputed builder. I deposited the Booking amount of 20 Lacs and Paid the 1st installment of 20 Lacs. The total cost of the Unit was 70 Lacs. The plans and every other detail of the unit was sanctioned by the relevant authorities.
I did not like some clauses in the Builder Buyer Agreement and so I did not sign the agreement. I started talking to the Builder to make them change the agreement. 6-8 Months passed in discussions where no result came out.
After that, I sent the Builder a notice regarding the changes I wanted in the Buyers agreement and the kind of specifications I wanted in the Duplex.
The Builder replied to me that they cannot modify the Buyer's Agreement for one person nor can change the specification of the House for one person. and that the builder as a good gesture will refund back my money deposited (40 Lacs) by me in total without deducting a single paise. (In the agreement, it is written that the builder in the case of cancellation will deduct 5% of the deposited amount).
The Builder sent me the cheque, which i did not encash in the beginning, because i wanted the duplex. But later on, I encashed it.
Now, I have filed a complain in the Consumer court (a friend told me to do so) against the Builder, for paying me the Interest for the Money (40 Lacs) they kept for 6-8 Months and also for mental agony.
I wanted to ask how strong is my case. I read somewhere that since a person did not sign the Builder Buyer Agreement, because he did not like it, he did not enter into the contract with the Builder. The Builder did not force the Buyer to sign the Agreement.
Also, since the Builder as a Good gesture returned back the whole amount to me, is it legal on my part to file a case against them for Receiving of Interest. BUT SINCE I HAVE DONE SO, I would like to ask the experts as to how strong is my CASE.
Please HELP!!!
Raj Kumar Makkad
(Expert) 14 September 2011
There is no force in your case. Legally you are not entitled to even receive full deposited amount as you received rather a 5% deduction was to be made thereto and otherwise also there is no agreement between you and builder to pay interest to you.
It is better for you to withdraw your complaint and contact the builder to provide you any suitable duplex as desired by you.
Raj Kumar Makkad
(Expert) 14 September 2011
The withdrawal should be unconditional as you have a very weak case.
Querist :
Anonymous
(Querist) 15 September 2011
Dear Mr. Makkad and Mr. Prabhakar Singh.
Thank You experts for the prompt reply.
I have also filed a suit against the builder for Mental Agitation. Is it also not Legal, because I was into the discussions for the Changes in the agreement and specifications since the last 8 months.
Can you provide any Case Judgement in my case where I legally stand Wrong.
Please reply.
