Sales deed
Rajesh Nambiar
(Querist) 26 December 2011
This query is : Resolved
I booked a 2BHK flat for a newly launched project by Lodha builders in Thane called “Casa Univis” in December 2008.I kept paying then in the stages they had set out. The agreement was also signed with the builder in June 2009 stating possession date as December 2010 with a 6 months grace period, failing which the builder is liable to pay penalty @ 12% per annum after the grace period, until physical possession takes place...Since this project was self funded, I was told by the builders customer care that the Stamp duty & registration can be done close to possession date. I have already paid 95 % to the builder. The project as of now is delayed by 6 months from the date of grace period(3 years from booking date).The builder’s new possession date is March 31st 2012 ,& he is asking for a further grace period of 1 year.
Recently, I was told by the builder to complete the Stamp Duty & registration, for which I was asked to prepare Pay orders for Stamp duty & registration which I did very promptly. We fixed up a date for registration at the registrar’s office in Thane.
On reaching the registrar’s office, to my utter disbelief, the builder attached stamp duty receipt on a brand new agreement (which I had never seen before) with all clauses altered, the penalty clause on delayed possession removed & compelled me to sign it, for which I refused. On speaking to the builder, customer support, as to how they could pay stamp duty on a new agreement which I had neither seen nor signed, I was told that their company policy has changed & I had no choice but to accept the changes.
I refused to sign & just walked off with the new agreement which had the stamp duty paid to study it. In the meanwhile the builder’s office called me several times & insisted that I return the new agreement back to them, but I declined. On studying this agreement, I found that the builder has changed almost all clauses to his favor even mentioning that all agreements made previously becomes null & void & this agreement supersedes all commitments whatsoever in oral/written that the builder had ever made in the past.Further, he would have the right to terminate the agreement if he is unable to complete the project.
Having paid 95%, I don’t know what to do. The builder being politically well connected does not care for poor investors like us, who have put together their life time savings.
About 2 weeks back I sent the builder a letter by Registered Post to pay me penalty as per the original agreement , register the agreement
with clauses coherent to the original agreement & handover posession at the soonest.
However,even after a reminder (again by Registered Post)there is no response from the builder.My tel. calls to them remain unanswered.
Please advice whether I should go ahead with Consumer Court . Also advice ,in an average how long could it take for the Consumer Court to grant me relief.
Look forward to your expert advice
A V Vishal
(Expert) 26 December 2011
Approach a good lawyer specializing in civil matters with all the documents with you. He will peruse and advise you suitably. You can contact Mr Palnitkar who is a member in this forum. He is a retired Judicial officer and a senior member from Mumbai. He can guide you rightly. His contact number is 9665020111, 9823377008.
Devajyoti Barman
(Expert) 26 December 2011
This is a clear case of unfair trade practice.
File a case in consumer forum asap.
ajay sethi
(Expert) 26 December 2011
what were the terms and conditions of agreement signed by you in2009?
if as per said agreement builder was liable to pay penalty for delayed posession he cannot refuse to pay so . you have to issue legal notice to the builder . file case before consumer forum for deificency in service .
on the other hand you dont want to be drawn into long drawn litigation process as you ahve paid 95%of amount you can proceed for registraqtion of agreement .
Advocate Bhartesh goyal
(Expert) 26 December 2011
yes builder has defaulted in delivery of possession of flat in agreed period so there is deficiency of service on part of builder. also at the time of registration he deliberately changed the agreed terms and conditions so it amounts unfair trade practice.File a complaint against builder before consumer forum.
Adv Akhtar Ali Sheikh
(Expert) 31 December 2011
if you have to register the earlier agreement the penalty on stamp duty @ 2% would be payable which will add up to be quite substantial i.e if sd is 1 lakh for each month the penalty will be 2k per month, who will pay this amount? it comes to 72 k or so for 3 years.
you ought to have got it registered when you paid 20% of the consideration.
Nevertheless if the new clauses deny you payment of interest only and nothing more material you may go ahead and registere it later on you can very well file a suit for the wrongs to you.
Rajesh Nambiar
(Querist) 31 December 2011
Thanks for your response.I have already paid stamp duty for an amount of Rs 1,65,120/-.The only thing pending is the registration.Will the new stam duty laws be applicable in my case? Look forward to your advice
