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Praveen Mishra (Web Developer)     02 November 2012

Could builder increase the price after booking the flat


I have booked the flat 2.5 years ago in ghaziabad (UP), i have paid 6 lack as a token money but builder has not yet made the builder-buyer agreement, actually i got to know couple of months ago that project plan was not approved by the concerned authority although builder had started the construction which is stalled now. Builder is keep saying he will make the agreement ASAP he got the project approval.

My concern is could he increase the price at the time of agreement. Does i have any legal rights to bound him to give me the flat at the rate of booking period

I have the payment receipts along with the detailed breakup of price in which per sq. rate and all additional charges are mentioned.



 6 Replies

ankur tripathi (Asst Manager)     02 November 2012

Dear Pravin,

If the same is part of the booking form if you have signed any then yes or else he cant do the same. Apart from that you have the right to cancel the appt if you find things are not as per your comfort and demand for a complete refund



Anish Thakur 7018812737 (advocate)     02 November 2012

agreed to Mr. Tripathi.

Praveen Mishra (Web Developer)     02 November 2012

thanks Ankur,

yes papers are related to booking, does it mean they are bound  to provide flat with rate & price specified at the time of booking.

I had a talk with builder and he said he can increase the price as agreement has not made.

ankur tripathi (Asst Manager)     02 November 2012

i meant to say is if there is a clause in the booking form where the builder states the same then yes he can do but if there is no clause stating the rates thing than u can straight away cancel the flat as it may cost you higher.

JANAK RAJ VATSA (ADVOCATE)     06 November 2012

easier said than done. since there is no agreement, the builder may play the trick to increase the price

RITA SINGH (Proprieter)     07 April 2014


I am Mrs. Rita Singh, Qualification(M.A.) in Sociology, self employed and  engaged in Real Estate business in the name of M/s. Radha krishna properties, at Shantigarden, Mira Road(E), Dist-Thane-401107, As per the business transaction, i have convinced my relatives to book 1/2/BHK flats in the project called Krishna Prestige, situated at opp.Krishna Garden, MIDC Road, Near ISKCON Temple, Mira Road(E), Dist-Thane-401107  developed by Jagruti developers. The 1 BHK flat having Area 660 sq.feet  was booked i.e. means Rs.3,200/- per sq.feet as per the then rate provided by the said Bldr after paying the booking amount thru chq  for Rs.2,11,200/- dt.14.12.09 credited to Bldr account on 24.12.09 wherein the given revenue token receipt Bldr has mentioned the Agreement value at the top of the token receipt as Rs.21,12,000/- . During that period, the construction work was at full swing and after 4 or 5 months the project was abruptly completely stopped on account of various reasons i) Not getting proper govt requisite clearances from  concerned departments. ii) there was dispute among the partners etc. Now after a Gap of 4 years and 3 months a Demand letter from the Bldr dated.29.03.14 recd on 02.04.2014 wherein it is found that Agreement value shown by bldr is now Rs.26,40,000/- signed by the same authorised person who has earlier issued the token receipt and is not ready to compromise in any circumstances and ready to return the token amount with interest what to Do?  that means an amount of Rs.5,28,000/- has increased present rate will be 4000/-  per sq.feet, i.e. increase a rate of  Rs. 800/- per sq.foot, kindly give ur  legal opinion , what action required whom to approach ii) Secondly,Can bldr charge Service Tax on earlier booking amt paid in 24.12.09 as thereafter Service Tax introduced somewhere from July 2010. Note- During that period of booking in 2009 Bldr has not made the agreement as the same was in process. 

 Please guide how to take action with supporting court decision in the likewise matter  if any  as to send a copy to the Bldr  etc  as the new demand amt is to be paid by my relatives before 12.04.2014 to avoid interest. etc

Thanking You,


RITA SINGH Mob-09004901280

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