Dear All,
I am facing a big issue with a builder based in Mumbai City. I need your immediate guidance on the matter. My case detials are as follows:
I had booked a flat on 01-06-2007 by paying Rs. 25,000/- in cash to a builder. Later by 30-04-2009, I paid a total of Rs. 17,50,000/- (mix of cash and cheque) to the builder and he issued me a reservation letter for flat of 425 sq ft carpet area flat in Andheri, Mumbai. The total sale consideration as agreed and recorde in reservation letter was Rs. 20,47,500/-. Hence I had to pay the balance amount of Rs. 2,97,500/- by 30-10-2009. My reservation letter neither speaks of the flat possession date nor the date of execution of sale deed.
Due to some legal issues and recession, the construction work of the building was stopped. The builder orally agreed that he will accept the balance amount once we execute the agreement and when the building is ready. He has now completed the construction of the building. When i started enquiring about the agreement and possession of the flat, he sent me a legal notice on 21-09-2011 to pay the amount (which i was more than willing to pay him in 2009 itself) in 7 days with 18% interest.
When I visited his office and asked him about the notice, he started demanding extra money from me at the rate of Rs. 2000/- per square feet citing the resons of legal issues and extra costs incurred by him. He did not accept my cheque of Rs. 2,97,500/-. I did not agree to his demand of paying extra money. He threatened me to terminate my flat reservation and sale it to other customers.
After 7 days, on 05-10-2011, he sent me a termination letter and gave a me a 7 days time to collect a cheque of my full payment of Rs. 17,50,000/-. Once again, I visited his office and he demanded the same money from me. Out of his 7 days notice, I have 2 days left now. I have not respoded to any of his notices in writing. Please guide what should i do.
Thanks,
