Legal option available for layout change without intimation
I have bought a under construction apartment a couple of years back against a bank loan and almost 90% of the payment is already released as per the stage of construction. Recently I have visited the flat and found that they have done some major changes in the layout which was proposed and mentioned in the agreement without any intimation or information to us. They didn't even provided us a final sanction copy. Bank has also released the payment based on my request without any kind of physical verification. I am following up with the developer since last few months. They conveyed that they will look into the matter and provide us the refund if there is no alternate solution available. They are now coming up with the below clause which is mentioned in the agreement :
"The Purchaser/s hereby irrevocably and unconditionally agree/s and give/s his / her / their / its specific, full, free and unqualified consent and permission to the Developer for carrying out alterations, amendments, variations, modifications and/or additions in respect of the plans, designs and specifications of the said new buildings"
But at the same time the below statement is also mentioned there "to the extent such alternation(s), amendment(s), variation(s), modification(s) and/or addition(s) does not hamper the interest of the Purchasers with regards to the said apartment".
Since there is no option to attach the document I can't attach the particular page of the agreement.
I would like to know what option do I have under the circumstances to cancel the allotment and seek the refund and how long it might take.
Asked 6 years ago in Property Law
Religion: Hindu
Thank you very much for the response. I have already communicated to the developer during our face to face meeting few times on their office and on the site as well our preference for opting of same apartment and why I didn't choose the other apartment of the same size in the same project. They have changed not only the direction of one bathroom but they have moved it from the room which is supposed to have attached bathroom and made it attached to other one which is not supposed to have the attached one. The size of the bathroom has also been changed because of which I am not interested to take the possession and make any further payment.
Could you please suggest how long will it take to get the matter settle at the level of consumer forum and also please suggest a lawyer who can handle this matter. I would prefer some one who is located near to Kolkata Airport area.
Asked 6 years ago