Redevelopment building

Gaurav Shirodkar (Querist) 20 July 2020 This query is : Resolved
Respected Sir,
4 years back our building went into redevlopment.
Our building was of pagdi system. We had bought extra 70 sqft area by paying an initial token of 3 lakhs, out of it 50% was in cash. Few months back the builder said the area of our flat has increased and asked us to pay additional 5 lakhs by cash.
We cannot afford this addional 5lakhs , i can think of taking a loan. But the builder has now stopped paying rent too and is not picking up my call or replying to my message. Can you please help me
Regards,
Gaurav

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Quick Summary

A homeowner is experiencing significant issues with a building redevelopment project that began four years ago. The builder initially agreed to an extra 70 sqft for a token payment, half of which was in cash. Now, the builder is demanding an additional £5,000 in cash, which the homeowner cannot afford and has refused to pay in cash, preferring bank transfer. The builder has since stopped paying rent and is unresponsive. The homeowner is seeking advice on how to proceed, including dealing with the builder's refusal to pay rent, cancelling the additional area purchase, recovering the initial cash payment, and the stress this is causing their elderly parents.

Dr J C Vashista (Expert) 21 July 2020
What are the terms and conditions of agreement with builder qua redevelopment ?

Hemant Agarwal (Expert) 21 July 2020
1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 21 July 2020
You can approach Consumer grievance redressal forum against the builder.

kavksatyanarayana (Expert) 21 July 2020
Yes. Consult a local Advocate and file a case in District Consumer Forum for redressal.

Gaurav Shirodkar (Querist) 21 July 2020
Hi All , Thanks a lot for your support. It means a lot for me.We have a registered agreement which says that carpet area and also monthly rent with a 10% increase every year. The project is rera registered.
Issue is since we refused to pay him additional 5lakhs in cash the builder is not picking up my call and not even replying to our messages.
I had made it very clear that we will not pay cash we will only pay via cheque so he said you can cancel the deal and i will payback the initial 3 lakhs which you paid. But this was pre covid situation. Now i doubt the builder will cancel the additional area as prices have fallen since covid. We dont want to buy the additional area as he is charging 5lakhs extra and the building is still under construction since last 4 years.
We tried contacting him as he has not paid us rent Since March.
1- What should we so if he pays rent to all other tenants and refuses to pay us.
2- Can we refuse to pay additional amount ,as per rera is there a way we can cancel this additional bought area.
3- Will we get the cash part which we initially paid. In worst sitiation i am assuning tge builder wont return though he initailly agreed.
4- My parents are 70 years old and we are tired of him we first went to give him the cheque to which he said the pay 5lakhs extra , when we were ready to pay he said now i want cash. My dad having diabetes and blood pressure at this age gets tensed quickly. We have visited his office many times but everytime he comes up with new things
Thanks to all for ur efforts in advance. God bless you all

Rajendra K Goyal (Expert) 22 July 2020
You said:
1- What should we so if he pays rent to all other tenants and refuses to pay us.

Reply:

Send legal notice and if no response file case with interest, compensation for mental agony etc.

You said:
2- Can we refuse to pay additional amount, as per rera is there a way we can cancel this additional bought area.

Rely:

You can mention clearly in your legal notice that you are not ready to pay 5 lacs in cash, you want to pay all payments through Banking channel.

You can approach RERA for your problem.

Rajendra K Goyal (Expert) 22 July 2020
You said:
3- Will we get the cash part which we initially paid. In worst sitiation i am assuning tge builder wont return though he initailly agreed.

Reply:

It is doubtful this portion would be returned, as not paid through Banking channel. If you have any proof, may proceed.

You said:
4- My parents are 70 years old and we are tired of him we first went to give him the cheque to which he said the pay 5lakhs extra , when we were ready to pay he said now i want cash. My dad having diabetes and blood pressure at this age gets tensed quickly. We have visited his office many times but everytime he comes up with new things Thanks to all for ur efforts in advance. God bless you all

Reply:

In such condition legal path is the only way left, discuss with local lawyer.

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