Arbitrary cancellation of allotment of flat despite paying 95% of cost.
4WhatIsRight
(Querist) 12 March 2013
This query is : Resolved
I am a house wife, who had applied for a MIG flat in a housing society in a mass housing project in a joint venture between state and private party in 2008 and was allotted a flat .
It was to be delivered in 2010, but the project got delayed.
I had paid 95% of consideration money by October,2009.
In January 2013 I inquired about the possible date of hand over of possession, and subsequent to telephonic discussion the deputy manger of the project sent me an email on 30.01.2013 asking me to deposit the balance payment.
I made the demand drafts and sent the same on 02.02.2013,i.e., within 2 working days.
On 02.03.2013, I have received a letter dated 21.02.2013 wherein the housing people have returned the said draft stating that the said allotment "now stands cancelled due to late payment of last installment."
What shall I do now- specific performance, writ petition or approach consumer forum or please suggest.
I have sent two notices to the organization.
Raj Kumar Makkad
(Expert) 12 March 2013
This is a clear0cut fraud on the part of the builder. File a police complaint and later on consumer complaint which shall take a sufficient time to decide.
ajay sethi
(Expert) 12 March 2013
file police complaint aginst builder . issue legal ntoice and move consumer forum to direct builder to deliver posession . ask for compensation against the builder
4WhatIsRight
(Querist) 15 March 2013
Dear Sir,
It is a giant organisation, police would ask me to be very specific with charges -what section shall i mention.
there has been a criminal breach of trust, deficiency in service, fraud and forgery as the promoter is saying that he had sent one letter 6 months earlier but whereas i received none, nor is the builder giving me a copy of the alleged letter or any acknowledgement of receipt of same.
how shall i go about it- few friends are suggesting SPECIFIC PERFORMANCE AND ARBITRATION SECTION 9,OR DISTRICT CONSUMER FORUM AND POLICE COMPLAINT OR SPECIFIC PERFORMANCE AND INJUNCTION.
I seek clear methodology to follow and fight it till last.
Property is in kolkata and i am staying in uttarakhand.
Raj Kumar Makkad
(Expert) 15 March 2013
You need not to tell sections as this is not the job of a layman to tell sections to the police rather it is the duty of the police to search out the relevant sections keeping in view the contents of the complaint. Even while filing a police complaint, you can simultaneously go for civil remedy as suggested. There is no bar to run both remedies at the same time as the cause of action for both is different and relief sought is also of different nature.
4WhatIsRight
(Querist) 05 May 2013
Thanks dear experts. Property delivered by the promoters.thanks for making a difference in someone's life, it would not have been possible without your help.
