Query regarding property
Divesh
(Querist) 26 April 2011
This query is : Resolved
I booked 2 flats in Imperia Residency in Greater Noida. One with Down Payment Plan and the other with Construction Linked Plan. Whereas the returns for the down payment plan started in September 2010 when 90% payment was made, when I wanted to convert the other flat into a Down Payment Plan in April , company is telling me that flats are overbooked and that they can't give me a flat. For the second flat, I just have a receipt for 20% payment that I had made for my flat.
Please help me out in this case. What is the legally correct action that I need to take in such a case?
Raj Kumar Makkad
(Expert) 26 April 2011
You have not disclosed the contents of agreement qua the flat, the booking of which has been cancelled by company. These are terms and conditions which shall prevail. If any favourable clause is found in agreement then serve a notice upon the company and demand the flat as such within a stipulated time failing which file a civil suit.
PALNITKAR V.V.
(Expert) 27 April 2011
If you have just a receipt of 20% payment and nothing else, then it would be better to get back the payment.
R.Ramachandran
(Expert) 27 April 2011
While they may or may not agree for conversion of the flat booked under construction linked plan to down-payment plan, still your booking for construction linked plan should hold good so far you have been making timely payments as and when demanded by the builder, of course, based on the construction done up to that period to which the demand relates.
If he does not give you a flat as per agreement, then you have to go in for a suit for specific performance. BUT MOST IMPORTANTLY, AS ADVISED BY MR. MAKKAD, YOU HAVE TO VERY PATIENTLY AND CAREFULLY GO THROUGH THE TERMS AND CONDITIONS OF THE AGREEMENT and know where you stand.
Guest
(Expert) 27 April 2011
I agree with Ramachandran.
