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Not providing flat

(Querist) 26 August 2012 This query is : Resolved 
I have a booked a 2BHK flat (area 800sqft) in a saleable building to be constructed by a builder in slum rehabilitation area, Prabhadevi of Mumbai Municipal Corporation in 1996 for an amount Rs.19,50,000/-. I have paid Rs.4,00,000/- in 4 instalments from 1996 to 1997. He has made an agreement on govt stamp paper in 1997 by indicating all the details of place, type of building and construction value of flat, amounts received and balance amount to be paid but this document was not registered since we were also not knowing about it.

This builder has transferred the power attorney for developing this slum area and constructing the saleable building to another builder for some consideration. The original builder was all the time telling us that we will get flat but we have to wait for long period as the slum area has to developed first. The new builder is developing the slum area and the saleable area is used for constructing commercial complexes and high rise buildings. Now they are denying us the flat in that area though we have waited for the same for the last 16 years as we are simple and common people.Now we can't afford to buy any flat in that area as the real estate prices have spiraled up. We belong to that area for the last 28 years and we don't have house to stay there and we want this 2BHK flat.
I want your help in getting the flat which was proposed to come up in this area as per the agreement made by original builder as we have paid initial amount and he made us to wait so long for it. Pl advise how to get the 2BHK flat from Builder.
ajay sethi (Expert) 26 August 2012
issue legal notice to builder . file case before consumer forum against the builder /and new builder .
you are entitled to flat as per agreement . contact a local lawyer
Devajyoti Barman (Expert) 26 August 2012
This is a case for deficiency of service. File a consumer case.
Raj Kumar Makkad (Expert) 27 August 2012
It shall be better to first serve a legal notice and provide them one more opportunity to mend their ways otherwise you have no other remedy but to approach consumer forum.


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