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anil_207 (n/a)     07 February 2008

Legal Opinion : Flat Orientation

 I purchased a flat in Faridabad, Haryana, from a builder. I got allotment letter aongwith the layout plan marked with my flat on it with concern alloting officer signature on it. I took house loan from LICHFL and paid approximately 40% of the total amount.

Now I came to know that the layout plan has been changed and the builder says that it was a priting mistake. I requested by writing e-mail to the builder to retain the same direction of my flat. They replied that they require original buyer-seller agreement and allotment letter back to give me another flat, so that they can retain the direction. As I have taken loan from LIC, so it is not possible to get back original documents back. The buider is saying that he will do the needful after getting the documents back. I have follwoing documents with me:

1.Signed layout plan showing my flat direction

2. Signed allotment application with the mention that flat will face road side.

Please advice me for the follwoing:
1. As per the agreement: it is agreed by buyer that the final orientation and flat number will be decided after project completeion. So can it be challeged on the ground that without final approval of the plan how they are allocating the flats to consumers.
2. If I take back all the original documents from LIC and give it to the builder, what sort of commitment I can ask from buider that they will persue my case.
3. What are the other way out to resolve this issue. Can I approach consumer court and file a case of cheating.

Kindly reply me. I will be very thankful to you for this kind effort.

 


Learning

 1 Replies

shailendrachimade (n/a)     08 February 2008

hi

i have gone through your query

as for point No 1, it is better to sit and discuss with the builer to come out of this problem

as for point No2, LIC will not hand over the original documents to you unless you clear the loan, if at all you need the documents from LIC to hand over the same to builder, LIC may insist letter of undertaking from the builder that the builder will hand over the allotment letter of new flat and layout plan.

as for point No 3, i dont think it is a case of cheating, try to ascertain the true facts and also verify papers from the builder 

thanking you

GOPI

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