Cheating by builder

Pankaj (Querist) 27 July 2013 This query is : Resolved
Hello experts..... I have booked a flat in Thane, maharashtra some 2 years back with a builder and made 40% payment(cheque) however I haven't executed sale deed and immediately after 5-6 months of booking,project was stopped due to some land issue and ultimately project was cancelled. However, builder was providing us compensation interest in case we cancel our booking we made but we declined to take back money and cancel our booking.Now they have relaunched the same project but with modified specification. for eg additional area, increased rates for additional area, increased loading %. I don't agree with their proposal of increased loading % on earlier area. Further they are charging me for additional area on new rates of booking. DO I have any remedy for this
PLEASE HELP ME!!!!!

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Dr J C Vashista (Expert) 28 July 2013
Instead of gettiing adamant please try and find out some amicable settlement with builder which is in the iterest of both the parties. There is hardly any alternate easy legal remedy.

prabhakar singh (Expert) 28 July 2013
LIFE IS FULL OF GIVE AND TAKES.

ASSESS THE COST OF LITIGATION IN TERMS OF MONEY,TIME AND HARASSMENT TO COMPARE WITH
BUILDER'S NEW PROPOSAL AND YOUR BARGAINING
POWER AND THEN DECIDE THE COURSE YOU NEED TO MOVE.

Sri Vijayan.A (Expert) 28 July 2013
Rightly advised by Experts.
Conciliation is also a accepted Legal course.

Pankaj (Querist) 28 July 2013
Builder is not listening...infact he is not ready to talk properly.. is there any option available through consumer forum....actually there are other residents with same prob. But they have got deed registered.... can i also move court of law inspite of deed not registered

V.T.Venkataram (Expert) 28 July 2013
You have 2 options left:-
1. Please demand repayment of amount paid by you with 18% interest.If the builder is adamant , you can seek redressal in consumer fora and get back the money with 18% interest+cost of litigation + compensation for mental agony. This is as per order of National Commission reported in I(2008)CPJ 96(NC)
2. you have to opt for relaunched project paying higher money, since area offered is bigger

ajay sethi (Expert) 28 July 2013
if you don't want to pay additional amount take the refund offered by builder with interest . that would be the best solution . no sense in engaging in litigation .

R.K Nanda (Expert) 28 July 2013
agree with experts.

Rajendra K Goyal (Expert) 28 July 2013
The cost of litigation in terms of money, time mental agony,would be higher as referred by expert prabhakar singh ji. Legal cases are decided on merits.

Better option is to get the refund as advised by the expert ajay sethi ji.