Dear Experts,
I have bought an allotment for a plot from an allottee in a builder's colony and got it transferred in my name in builder records too. The original allottee accepted payments in mode of cheque (amount she paid to builder) and cash (the premium amount). The below are certain particulars about the property:
Original plot size: 300 sq. yards
Rate: Rs. 6400/- per sq. yard
Initial EDC/IDC: 1000/- per sq. yard
Initial cost of Plot: Approx. 23 Lacs
This is a 2 side open plot, I have paid out Preferential Location Charges.
Westen side a scratch of Green belt in the map of builder company. I have many maps received from builder.
In May 2011, builder demanded Rs. 2,85,000/- (300 sq. yards x Rs.950/-) towards increase of EDC/IDC and last date payment was mentioned in demand letter is 20-Jul-2011. If amount was not paid by this date additional penalty is Rs 122100/- (300 sq. yards x Rs.407/-). I wrote multiple letters to builder asking to distribute this demand in 1 year EMI. It is a huge amount which can not be arranged at one go by a salaried person. But builder didn't reply at all. However I borrowed a personal loan from CITI Bank and issued cheque on 13-Jul-2011. My misfortune started on 15-Jul-11 here that cheque got bounced and due to bank lost my cheque for funds transfer from one account to other account. Immediately I called up builder and asked to represent the cheque. I immediately transferred the fund using different cheque and require amount was available in the account on 15-Jul-2011 itself. I kept checking my account balance daily basis and eventually sent a mail to builder on 21-Jul-2011 asking to represent the cheques, I also mentioned in my mail that I have already requested to represent the cheque on 15-July-2011 itself. Till now I didn't smell anything wrong in builder's mind. Till now I have paid out about 96% of cost of plot including increase in EDC/IDC charges.
Meanwhile my company transferred me to Bangalore. However time passed and in Jan 2012, builder sent possession letter with a fresh demand letter of Rs. 22 Lacs saying that your plot size has been increased from 300 sq. yard to 407 sq. yard. Builder had asked current company price Rs. 15500/- for 107 sq. yards. I again sent multiple letter pleading the reason of this increase in area of plot and price. Builder never replies. My family go tensed because my father was depressed due to builder's nuicence.
in Feb, 2012 builder sent letter for asking to buy stamp papers for registration of plot. I was confused what is going on.
Another misfortune, in Mar 2012 builder sent another possession letter with fresh demand letter of Rs. 42 lacs saying that your plot size has been increased from 407 sq. yards to 539 sq. yards. Now family start loosing all hopes and it made me regular visit to Delhi from Bangalore. This made depressed me too.
Actually this plot has come in a prime locality now because builder has invested lot of money for infrastructure development around this plot. I paid mutiple visits to builder's office, the suggestion offered to me better is exit from the plot and get your money refunded. The reason of increase in plot size is Zoning.
Can I file a case in civil court or consumer forum. What should I do? I spoke to many property dealers and other people, everyone is suggesting that you can not win from this builder, you will loose evetually. Better is get your money refunded. Help me and guide me a better way.
