How to claim my cancelled flat from builder
jairaj kumar
(Querist) 22 October 2012
This query is : Resolved
1. That I made an Application to book a flat and made an initial payment of Rs. 100,000/- thru cheque on 19 Jan 2011.
2. That I made a payment of Rs. 244250/- thru cheque on 04 Feb, 2011.
3. That at the time of booking agent promised me possession in Dec 13 and specifications of the flat as per BHEL MOU (which would be same as that of IOCL MOU).
4. That I got demand letter for paying my next instalment of 30% of Basic Sales Price (BSP) in Apr. 2011.
5. That the project was not bankable at that time neither had I got Builder-Buyer Agreement (BBA) and allotment letter.
6. That allotment letter and builder-buyer agreement was not given to me and I was repetitively told that a MOU is being signed between BHEL and the builder.
7. That I got reminder letter for next 30% payment after which I requested for allotment letter and BBA.
8. That I was told that MOU would not be signed with BHEL as there were not sufficient number of buyers from BHEL.
9. That I enquired for home loan in banks but I was told that project is not approved, then requested for approval code of this project from the builder.
10. That I received approval code of this project from the builder on 18 Apr 2012.
11. That I immediately applied for home loan and asked the builder to give me allotment letter and BBA.
12. That I was told by the builder that once I send the Bank sanction letter to the builder, they will give me allotment letter and BBA.
13. That I received Allotment letter and BBA after sending loan sanction letter to the builder.
14. That I thoroughly read the allotment letter and BBA and found following errors (which I intimated to the builder through email and telephone)-
a) Everywhere name of co-applicant was misspelled.
b) Details of Sales Price was not having it's heading as "Annexure B "(likewise other annexure) but throughout the BBA it was described as Annexure B.
c) Total sales price in words was different from the actual total sales price (mentioned in digits).
d) Basic sales price was Rs 2550 in my application form but it was wrongly mentioned as Rs 2584 Annexure B (details of Sales price).
e) Cost of car parking was not at all mentioned in total sales price (but it was inclusive of the total sales price in my application form).
15. That I told them to rectify the errors and give me corrected allotment letter and BBA.
16. That I received a reminder letter to pay the 30% of BSP in 10 days.
17. That I send a notice asking for reason for not mentioning car parking cost.
18. That my flat booking got cancelled even when I have not received corrected allotment letter and BBA.
19. That the builder is not giving me allotment letter and Builder-Buyer agreement and is not ready to cancel their cancellation.
please guide me how to proceed in this concern.
there is no formal agreement signed between me and builder.
i do have copy of application form, copy of cheques and recept of money from builder.
Devajyoti Barman
(Expert) 22 October 2012
The payments made by you so far and the communications so far would be of vital evidence to show the agreement between you and the developer.
So what ever is your grievance, ventilate those through a complaint to the consumer forum.
Rajeev Kumar
(Expert) 22 October 2012
No room left to add further.
jairaj kumar
(Querist) 22 October 2012
i have paid 10 % of the flat cost (3.5 lacks )in Jan 2011 and cost of flat was around 40 lacks.
But now cost of flat has increased to 60 lacks and the builder wants to sell this property at higher cost by cancelling my booking.
should i move to district consumer forum or state consumer forum.
Devajyoti Barman
(Expert) 22 October 2012
Yes do move the consumer forum and apply for injunction on transfer of the flat till the case gets disposed off finally.
jairaj kumar
(Querist) 23 October 2012
Dear Sir,
I am aa resident of haridwar had purchased the flat in noida.Also,Builder has its registered office in delhi.
In the agreement letter(unsigned copy which was given by builder to me) builder has written that arbitration proceeding shall be held at an appropriate location in delhi/new delhi.
CAN I FILE CTHE CASE ANYWHERE IN STATE CONSUMER FORUM OF DELHI/DEHRADUN/LUCKNOW.
Devajyoti Barman
(Expert) 23 October 2012
File the case either in Noida or in Delhi.
ajay sethi
(Expert) 23 October 2012
since flat has been purchased in noida and agreement mentions jurisdiction at delhi better file porceedings before consumer forum in delhi
jairaj kumar
(Querist) 14 February 2013
Sir,
In the above case there is no formal agreement between me and builder.
Also they have given unsigned copy of agreement and allotment letter.
I am searching for a lawyer in NCR to take my case.
Please help.
V R SHROFF
(Expert) 14 February 2013
FILE COMPLAIN AT CONSUMER FORUM DELHI.
U HAVE SUFFICIENT PROOF.
jairaj kumar
(Querist) 15 February 2013
One final query in this regard-
I have given RS 3.5 lakhs to the builder.
Property costs RS 39.5 lakhs.
and i want a compensation of RS 25 lakhs.
TO WHICH CONSUMER FORUM SHOULD I MOVE-
DISTRICT OR STATE?
(AS IF THE DISPUTE IS OF UP-TO RS 20 LAKHS -DISTRICT FORUM IS APPROACHED AND FOR CASE ABOVE RS 20 LAKHS STATE FORUM IS APPROACHED).
THANKS/.
jairaj kumar
(Querist) 21 February 2013
One final query in this regard-
I have given RS 3.5 lakhs to the builder.
Property costs RS 39.5 lakhs.
and i want a compensation of RS 25 lakhs.
TO WHICH CONSUMER FORUM SHOULD I MOVE-
DISTRICT OR STATE?
(AS IF THE DISPUTE IS OF UP-TO RS 20 LAKHS -DISTRICT FORUM IS APPROACHED AND FOR CASE ABOVE RS 20 LAKHS STATE FORUM IS APPROACHED).
THANKS/.
