• Builder cancelled my flat and sold it not refunding my money

I had booked a flat in Solitare ( crossing republik NH 24 Ghaziabad) with Paramount builders.on [deleted] for Rs 23.44 lacs. The allotment letter states the flat size to be 1215 sq feet price Rs 1929 per sq feet ,and Rs 2.34 lacs advance.

A year later they sent an agreement letter to which I gave my acceptance under objection that parking club membership was inclusive , which is not stated in the agreement. The builder informed as the agreement copy has been misplaced , please send your copy , we will return the same after acceptance.However that never came and on trust I never asked for it and started to make payments and paid Rs 16,25 lacs till march 2011. They then started to demand the flat price to be 28 lacs instead of 23.44 lacs. I started correspondence with them but no reply came from there end.

Due to serious health issues I could not pursue the case for 2 years and then in March 2013 they claim to have sent a cancellation letter on account of non payment which was not received by me.

In Nov 2015 we approached the builder and found that the said flat has been sold to some other person. Since then I am pursing them as first said the refund cheque has been sent to you, after 3 months they said the cheque is lying with them, then there was so amount diif issues. Finally on 10th April 17 , I had a meeting they gave me the copy of the allotment letter , and I then explained them that you have changed the flat size from 1215 sqft to 1295 sq feet and the rate from Rs1929 to Rs 2129 per sq feet. However I gave them a proposal to offer another flat to whuch they agreed verbally that principal amount with bank intrest rate will be adjusted.

They msged me to finally discuss the matter on 25th April 17 and to my surprise they offered to adjust principal amount plus Rs 2,00 lacs. This was not acceptable , .

Now there was no signed agreement and neither they informed about the change in size ,how can the price increase change with the change in size. The builder is not returning money , Please advice
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) file complaint against builder before consumer forum and seek orders to direct builder to refund your Rs 16 .25 lakhs with interest at 18 per cent per annum

2) also seek litigation costs and compensation for mental torture undergone by you

3) in the alternative seek orders to direct builder to allot alternative flat in same area

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Now there was no signed agreement and neither they informed about the change in size ,how can the price increase change with the change in size. The builder is not returning money , Please advice

You may consult an advocate in the local and discuss with him the issues involved in detail and draft a proper legal notice to be served on the builder by a registered post.

You can narrate the incidents in the past in this regard briefly and demand the refund of the amount you hav paid so far along with interest from the date of payment.

You may also state that you are not willing to go for any alternative and the builder is held responsible for selling the property you have booked to some other person and this act can be termed as an act of cheating.

This legal notice can be followed up by a case before the consumer forum for relief and remedy including compensation for the mental agony.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

amicable settlement with builder is the best option

2) if however builder is not ready to settle file complaint before consumer forum and seek alternative flat from builder

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You are at liberty to file winding petition if you so desire

It has to be filed within jurisdiction of court where company registered office is situated

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

How to proceed , and what should be the line of action

You have to initiate legal action by first issuing a legal notice to start with.

In the legal notice you can mention the grievances and the demands made towards the relief sought.

You may discuss with a local advocate on this.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

As the amount paid by me will be appearing in their creditors list, isnt it better to file a winding up petition rather than complaint to consumer forum

Even though you may find your name in the creditors' list has the company declared themselves against it,if not then what is the use of filing winding up petition.

You may decide proper course of legal action on this after discussing with your advocate in the local who may suggest you the steps based on the prevailing situation and atmosphere.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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