Sir,
We,The first and prime Party is my son Mr.Arin Chowdhury ( for your information he is NRI in status more than 180 days he is out of Nation) and the second name appeard is mine Mr.Amit Chowdhury had entered A Sale Agreement on 10/10/2012, for Purchasing A Flat with One covered Garage with the Developer/50% land owner and another 50% land owner for consideration Amount of Rs.42 lakhs, both the land owner and developer had signed in the agreement, before execution of this Agreement I Paid Rs.8 lakhs as advance with valid money Receipt, after that in the 26th December'2012 we paid another Rs.2 Lakhs and at the same time we proceeded for Home loan in the Axis Bank Ltd, with the Processing Fees of Rs.11,236=00 and the Promoter Developer also submitted all the Documents to the Bank and as you know this the system where before sanctioning the loan all Home finance Institution verify and scrutinizing all the legal And Technical sides of the Project, during this processing I paid again Rs.1 lakh on 26th Feb'2013 so I have paid total 11 Lakhs, but as the developer mentioned in the agreement that they are constructing 11 Flants but In the Sanctioned Plan (approved by the Kolkata Municipal Corporation Building Dept.) showing 8 Flats, Naturally The Axis Bank sanctioned our Loan as per our elligibility but due to Promoters Deviation of Sanctioned Plan, the Disbursement of the Loan Amount had been hold and the bank asked for" Revised Sanction Plan"
So I faild to give the next Payment to the Builder as per agreed Payment Schedule mentioned in the Agreement, again as per verbal assurance from my Builder that they have a good rapo and contacts with HDFC, I applid for Home Loan from HDFC along with Proceessing fees Rs.11,236=00 and we as well as the builder submitted all the Papers and Documents once again, here again our Loan has been sanctioned again, when the Final Disbursement were verge of the finalization at that time another 50% Land Owner submitted a letter to the HDFC mentioning the Developer constructing unauthorizelly by deviating the original Sanctioned Plan. So again like Axis Bank, HDFC also regected the Progect and postponed the Loan disbursement.
Another query actually consideration Amount Is Rs.5231000=00 ( Fifty two lakhs thirty one thousand) but in the Agreement 42 Lakhs has been shown and the developer made an supplimentory Agreement of 1131000=00 on 10Rs. stamp Paper where we have signed also and ther it has been mentioned this amount would be paid in cash.
Second in the 42 L Agreement In the payment Schedule it has been mentioned that "20% on or after execution of this Agreemnt"
Now the Builder sent a letter mentioing that " 80% WORK HAS BEEN DONE SO WITHIN 10 DAYS PAY 80% PAYMENT" We are expecting next leetr would be either he will claim interest or CACELLATION OF THE FLAT.
My query if I want to pay next 80% mean alrady I have given more than 20% i.e 11 Lakhs, If I want to arrange next 60% from any bank, I have to get the Registered Agreemnt.When I asked the Builder for Agreement Registration, He is asking the Black Amount of 1131000/-,which is impossible for me at present.My question is can he present this Supplementory Agreement in the Court?
My specific question if I want to go for "Specific Performance of Contract Act Suit" should I get relief by the Agreement Registration through court or I should claim for Damage/ compensesation for my wasting 11 lakhs in an Unaurtorized Building where the Builder have breached the contract as of now he can not provide the Flat as per given Plan which he had given with the Agreement. What should I do?
