1. No Documents received We booked flat by paying Rs. 5 Lac as advance. We did not receive any document apart from a letter saying Flat No 601 is allocated to you. For 6 months we kept on asking for docs as we needed to submit the same to bank for loan purpose. They kept on asking for 20% Advance payment which was as per schedule payable within 2 months of booking. We did not pay this amount as no draft agreement or approval docs or any docs to satisfy our bankers were received. 2. Letter regarding delayed Payment We received calls and letters regarding payment of 20% advance for which every time discussion would end with me requesting them for draft agreement atleast if not any other document as i was skeptical what if we pay Rs. 30 lac and then the agreement is such that it is totally unfair. But they did not give any draft agreement. They mentioned interest of 1.5% p.m shall be chargable for delay of payment which i have no opposition to. 3. Cancellation without notice Finally after much negotiation, i agreed that in next 10 days i will be making payment after returning from a business trip. But when i went for payment i was informed that the flat has been cancelled. They told me that they had sent a letter giving notice of 5 days for payment otherwise flat shall be cancelled. However upon asking for POD, they came to know that the letter was never delivered to us and the same had returned to them. 4. Flat sold to someone else Now they are saying they have sold the flat to someone else and if we want we can take up flat on 30th floor which will cost us Rs. 10 Lac more. Also they are charging Rs. 2.5 Lac as interest for delay. QUESTIONS a. Weather such cancellation is correct without notice b. They are saying they asked for payment several times but as we did not pay they cancelled. Our argument is if they are charging interest for delay and have not given any notice for cancellation at any point of time, then should we take any legal course of action for it. Are we right on our part? c. If we are ready to take higher floor should they give at same price?
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What were terms and conditions of allotment
2) is there any clause that if you fail to make 20 per cent payment within 2 months booking would be forfeited
3) you can file complaint against builder before consumer forum and seek refund of money paid by you with interest
4) in alternative seek orders to direct builder to provide alternative flat atvsane price and waive interest
1. No doubt the cancellation of booking is illegal especially without any intimation to you, you may drag them to consumer forum
2. You are right, they should have intimated to you about this clause.
3. Dont agree for their condition, yo can demand the other flat at the same rate.
1. Unless you had received the complete set of documents you should not have booked the flat.
2. The practice of making the advance payment without receiving a copy of the agreement is itself preposterous.
3. Cancellation could not have been done without serving a legal notice.However, you also acted casually by not serving a legal notice to assert that you are not liable to pay any delay charges.
4. Now move the consumer forum to seek damages for deficiency in service.
thank you everyone for answering.. What they are mentioning is that flat was "blocked" with Rs. 5 Lac booking advance, however "booking" of flat happens only when 20% amount is paid. and as we did not pay 20% advance, the booking was cancelled and the flat was sold to someone else. They did not have all the approvals in place as this is a new township coming up and one by one approvals were coming. They are saying even if we go for bank loan we need to pay 20% so even in absense of bank set of papers we are liable to pay 20% advance (this answer is against me telling them we cant pay till bank vetting of papers is done)
If no booking was done then builder ought to have refunded Rs 5 lakhs to you when they cancelled booking of flat
File complaint against builder before consumer forum and seek refund of your money with interest
Take the plea that no notice of cancellation was served to you
The builder's reply is unlawful and unjustified.
You should issue a legal demand notice seeking refund of your booking amount with interest from the date of payment.
If he fails to respond or do not comply with the demand made, you may drag him either to the consumer forum or civil court for recovery of your money as well as for mental agony you suffered due to this.