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elbee barboza (HR Executive)     17 September 2012

Builder woes

A couple of years back I purchased a few flats in an under construction property in Dahisar from a reputed builder. This was an under construction property that I invested in. At the time the initial down payment was made, we were given receipts for the same and we were told that the flats we'd booked then (the reciept bears details about the flat numbers that were booked) were reserved for us. Since then we've paid close to 20% of the cost  as requested, however an agreement has still not been drafted by this builder and each time we ask about it, we're told that the same will be done soon.

Earlier this year there was a change in plans for the buildings and for 2 of the flats that I booked i was pushed to a higher floor.  In spite of the fact that the change was from their end and not a request from me, I was asked to pay floor rise. My question is - How legal is this and can i fight back since there is no agreement yet and I was not given a choice in this respect? I am basically stuck with a flat at a higher floor that is not something I wanted and I am being made to pay excess for this now.

 

Seeking some expert advice with respect to my problem.



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 1 Replies

Anish Thakur 7018812737 (advocate)     17 September 2012

dear querist ,

yes you can fight for it as the consideration installment is paid for your said agreed flat not for that which is providing by the builder, there is no agreement registered or drafted but still you can move on this behalf as oral agremnt is done between you and the builder and on that behalf you had paid the installment .feel free to call for detailed guidance.


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