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praneeta (Engineer)     11 March 2013

Dispute with builder in purchase of property

I purchased one flat at kalyan. Builder made the sale agreement.  He charged me 15000 rs just for making the agreement.  Only he made the agreement .  When i applied for loan , i came to know in main certificate of stamp duty ( efranking page) there is mistake.  Flat no 308 entered instead of 307.  Bank return me the sale deed and ask me to make correction.  I said it to builder to make the rectification deed as he only made the sale agreement but he refused.  At last i went to make the rectification deed .  But where the mistake was there,  builder make the correction on the government certificate with pen , he cut 308 and write there as 307 and signed there on the estamping page.  Such overwriting was observed by registrar while making rectification deed .  Then registrar said such overwriting with pen is not allowed on certificate now you will have to pay the entire stamp duty to the builder.  Now builder is saying me to pay the stamp duty though the mistake is made by him

kindly suggest what m i supposed to do? Registrar is not ready to make rectification deed as builder overwrite on the main page of sale deed and signed on it .



Learning

 2 Replies

Advocate Kishor Hajare (Advocate)     12 March 2013

Madam,

On the perusal of your querry, it seems that, the developer just playing mischievous game with you. He is totally avoiding and neglecting you.

It is duty and responsibility of the builder to allot right flat to the right purchaser from whom the developer receiving the money against that particular flat only. The developer is also bound to rectify any error caused in the preparation, execution and registration of any documents made in respect to the flat allotted to the prospective buyer.

The Buider is provindg services to its consumers which has been specifically categoarised by several judgements of various courts of this country and also been emboided in the Consumer Protection Act.

I would like to suggest you that, take a help of an advocate for assistance and drag the builder to the consumer forum or civil court whereby the Developer shall rectify his mistake and will pay for his deficiency in service.

 

Regards

Kishor hajare/9930647734/hajare.kishor@rediffmail.com

praneeta (Engineer)     19 March 2013

Thanks alot kishor

But could you kindly confirme me " is the overwriting on efranking page cannot be rectified as registrar is not going ahead with rectifiction deed. and only registrar is saying us to pay the full stamp duty.

Is registrar is correct ?  Cant such overwriting cannot be corrected on the computerised certificate ?

If registrar is correct then only i can go against the builder in court  and builder will pay for it.

But if the registar is not correct then my approach to the court will be in vien.

 Rgds

Praneeta

9004180517


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