allotment is cancelled

Querist : Anonymous (Querist) 17 June 2010 This query is : Resolved
sir
I am a senior citizen of 63 yrs.i had bought a flat in gurgaon 3 yrs back and sold my all properties to buy that.My certain payments were delayed by a few days.My last payment was delayed by a period of 15 days.taking this into account the builders have cancelled my allotment..i have been paying them for the last 3 yrs and now when the proprty is ready for possession and the rates are well appreciated they have cancelled the allotment...on top of that they have also forfeited an amount of 7 lakhs
sir i have sold my house also to buy this property and now the builders have ditched me
please guide
thank you in advance

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R.R. KRISHNAA (Expert) 17 June 2010
Dear sir

The acts of Cancellation of allotment and forfeiture of amounts have legal sancity if parties have agreed as per agreement of sale.

If there is no provision in the agreement for forfeiture you can seek remedy of refund of forfeited amount before the civil court.

Best regards.,

Devajyoti Barman (Expert) 17 June 2010
The Acts amounts to not only deficiency of service but also unfair trade practice. It is advised to file a complaint before the District Consumer Forum claiming compensation up to 20 lac. The proceeding is very expeditious,efficacious and cost effective one.

Daksh (Expert) 18 June 2010
Dear All,

I fully concur with Mr.R.R.Krishna and would like to add that when being a purchaser you have neither sought permission for enlargement of time to remit the balance amount does'nt that tantamounts to admission on purchaser's part for agreeing as per the stipulations of the Agreement to forfeit the amount (subject to prior notice) in this regard.

One more thing I would like to emphasize at this point if in case there is an Arbitration Clause the purchaser may agitate the forfeiture of his consideration and meanwhile may seek injunction u/s 9 of Arbitration and Conciliation Act which "may" act as a bargaining tool if in case the flat is not resold.
Best Regards

Daksh

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