Shifting of Registered Flat to a Higher Floor

Ankit Pandey (Querist) 05 August 2017 This query is : Resolved
I had booked a house in 2013 in Goregaon, Mumbai. Due to some unforeseen reasons I had defaulted on payment of the construction linked payment demanded by the builder. However, I was able to clear all the dues eventually and got my flat registered. Soon after registration of the flat the builder informed me that he is planning to make a sample flat in my registered house and is planning to upgrade me to one floor higher. He mentioned over an email that we will not be charged any additional money for it. I agreed to it over an email thinking it will be done immediately.

It has been approximately 9 months since the upgrade promise but the builder is dragging his feet over it. The building is complete and the OC is expected within a couple of days but I am unable to get my keys from the builder.

He is saying that he will first cancel the previous agreement stating non payment of dues by us and then get a new agreement registered after a couple of days in a different area of the city. I have been asked to believe that stating non payment of dues will result in full refund of the registration and stamp duty.

I am extremely apprehensive about this process of cancellation first and then getting it registered again. What if after cancellation the builder days that you keep your money and buy another property? Or worse, what if he does not refund the money paid to him? Kindly advice if this is the correct way or there is an alternate way for us.

Thanks for your help in advance!

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P. Venu (Expert) 05 August 2017
In my considered opinion, a rectification deed would serve the purpose. You may inform the builder accordingly, if necessary, through a legal notice.

rajeev sharma (Expert) 05 August 2017
Please donot believe on oral communication ask the builder to reduce every promise in writing.The builder is legally bound to give your originally booked flat in any condition and act as per the agreement executed. If he wants to use that flat and intends to make an exchange ask him to commit everything in writing.

Rajendra K Goyal (Expert) 05 August 2017
The flat is registered in your name, send legal notice to builder to handover the flat to you immediately with compensation. Do not agree for any change at this stage.

If builder do not agree, file consumer complaint.