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Sumit (TA)     23 November 2012

Cancellation of flat

Hi,

I have booked a Flat in Pune, Dhanori area, with a rate of 3011 Rs/Sq.ft. I have booked the flat in Feb 2012, till now builder had not done any agreement, I have given already 6.5 lac to builder as an amount which is 20%. Still there is no agreement. Now builder has put the construction on hold saying that there is some issue going on with the Pune Lohegoon air force area. Now i wanted to cancel the flat booking, i have all the reciepts of amounts payed to builder.

Now my question is, will i be able to get full amount with interest on it or i'll only get the amount which i have given to builder? If builder has to give an interest on the amount which paid then at what interest rate he should give?

One of My friend told that there is a government rule that builder has to pay interest amount too?

Also, I am looking at other sites for the flat too, also, its a pre-launch site in dhanori area, for this what precautions i need to take to book the flat, if i wanted to see the documents then which documents i should check from builder?

Also does builder have a right to increase the rate of sqr feet, after the booking and before the aggreement? 

I mean, if i book a flat at 3500Rs/sqr feet, and later after 3 months or 6 months, do builder have a right to increase the rate to 3800Rs/sqr feet and apply additional charges to booked flat?



Learning

 3 Replies

shiv (AGM)     23 November 2012

Dear Frend,

My advise:-

1. one letter of notice reminding him all facts which was happened with you and lastly to request to execute the deed of agreement.

2. in case within a resonable period of time builders fails to sort out your grevences, approach consumer forum or thru advopcate send legal notice for default or file crimional fir u/s 406/420 ipc or file suit for specific performance with injunction in civil court or take appriparate remedy as aper advsie of advocate..and intimate us in reply..about action taken or advise of lawyer..we will revert you..

Chetan Joshi (Advisory/Advocacy)     23 November 2012

Sumit.... How could you do a property transaction without an agreement....An agreement fixes the legal obligation of the parties....

 

 

 

The builder doesnt seem professional....Take your advanced money and be relieved...I dont know how reluctant he would be to do that....

 

 

 

 

The increase on prices is a sweet game of Demand and Supply...Yes you may offer your flat  at higher rate provided you find a buyes accepting your offer....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

shiv (AGM)     24 November 2012

Dear Sumit, 

Your facts are completely different

It is admitted fact that no agreement was executed .still you can claim your relief on these facts under indian contarct Act 1872. your transction is supported by payment you can prove thru your bank documents.and take specific relief...from court.

1. step is send request letter stating all facts of your transaction to builder by regd AD.

2. wait for 15 days for his revert.

3. after expiry send legal notice tru advocate.

4. file a criminal complaint u/s 406/420 IPC in police station wherein cause of action arose. or in case police does not help to register then file complaint case u/s 200 CRPC for 156 CRPC complaint before judicial magistarte.

in case u do not wish to file this above process then no pressure will be made to builder . builder will do his ways or likes and you will depend on his whims and fancies.

Verbal agreement or chain of circumstances will entail your case under indian contarct ACt. Definition of agreement under indian contarct Act says verbal agreement is an contarct .so when support by commericlal payment then in that case you have top prove your case 

Please go with better advise of some propery lawyer of repute in your area. i hav edone this case alos in company and suceeded.

REGARDS


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