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V (Consultant)     16 January 2012

Change in payment plan arbitrarily by builder

Hello,

 

Need expert advice on this matter. I have bought a piece of small plot from a builder in Gurgaon under "No EMI till Possession" scheme(Home linked Plan) in 2009. Now in 2011, builder has sent a letter with different plan and when we verified with him why he has sent it with different plan then he says that old plan was not approved from financial institutions hence they are changing everyone to new plan i.e. CLP (Construction linked Plan). The payment charged is less than the HLP plan but eventually since the there is delay in possession so I will end up loosing money towards interest to the bank. Question is "Can builder change any clause arbitrarily and what are the legal options available with me to challenge builder in court of law?"

 

Second point, after several followups over e-mail, builder never gives it in writing that he has changed the plan. He mentions it in the letter that " as per the plan accepted by you sort of lines" . When we write back to them then they seem to say that everyone is accepting it and so you should as well.

 



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 3 Replies

Legal Fighter (Advocate)     16 January 2012

Need to know if you signed the agreement as per "No EMI till possession" plan and what supportive documents do you have? builder can't do anything arbitrarily. in case required, u may approach consumer court.

V (Consultant)     16 January 2012

We have an annexure signed by builder on the stamp paper agreement. Please let me know what formalities need to be completed to approach consumer court and are there any lawyers for consumer court as well?

> how much time consumer court takes in giving decision on a matter like this?

> So far my correspondence with builder is on e-mail. They have not done any direct response to the request of mentioning the plan change reason on e-mail. Instead they say that " CLP plan as accepted by you, please make the payment on so n so date"

V (Consultant)     18 January 2012

Can some one reply on this matter?


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