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sandiptale (NA)     10 September 2013

Queries regarding the flat correction/cancellation deed

Hello, I wish to ask question regarding the flat i bought in Pune. Please suggest me on below details:

I booked a flat in pune- pimpri area in Jan 2010 such that the flat is garden facing on the third floor of the building.

Later in Dec. 2010 we made the agreement on the same, since the agreement document was the generic template type, it had no mention of the flat being on the garden side. To my misfortune the staff of the builder made the mistake and the flat number in the agreement document falls to the other side, opposite to that there is another building very close to it which is undesirable. Later the builder sold the other flat which i had actually booked to some other investor, all this happened while there was no actual building formed. After the agreement this issue came to light and builder suggested me to do the correction and asked me to bear all the expenses. On opposing to it since it was the mistake made by his staff he delayed the argument saying he'll change the plan/blue print and will make the registration valid. Later the matter kept on lingering until last year and I kept on insisting on making the amendment. Meanwhile i had the loan sanctioned with SBI and my EMI also continued with only last slab of payment pending to be made.

Meanwhile i visited builder several times on this matter but for no benefit. Now, when the flat is nearing its completion state, the builder is asking me to get the original copy of the agreement which is in bank's custody for making the necessary change which is cancellation deed (not correction deed) and then re-registration for the property. Also, he is asking me to bear all the expenses else he is threatening to keep the same flat as per agreement document but not as we had decided at the time of booking. The matter is worsened as the bank has refused to handover the original copy of the agreement as per their norms.

My question is cant we do the correction deed? Isnt there is solution on this? have i lost my intended flat? Please help.

Sandip Tale

 

7798671000



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