Builder allocated other flat instead of requested flat
I have booked a flat in Greater Noida last year .
Flat cost is Rs 50 lakhs, i have paid Rs 8,96,000 (20% of basic cost ) till now.
I have mentioned Tower A flat no 1204 12th floor in customer information form as well as booking form.
But when i got welcome letter and reciepts builder has changed Tower A to Tower B without giving any information to me.
When i contacted builder he has told me that he has allocated that flat to some other person.
There is another flat which is available but he is asking Rs 100 per sqft more for flat in tower A. Then i ask for refund of my money as i dont have faith on builder as he can ask for more money at later stage .
Now Builder is threatning to cut 15% of total sales price i.e(7.5 lakhs) as mentioned in terms and condtions of booking form.
Legal Agreement is not done till now.
My questions are:-
1) If i am not allocated to the flat which i have requested ,how can builder cut 15% of total sales price in case of refund.
2) What are legal options to get my money back.
3) I am in bangalore and builder is in noida,Can i file consumer court case in bangalore as i am staying bangalore.
Asked in Property Law from Bangalore, Karnataka
1) if you had booked flat In tower A builder cannot unilaterally change allotment to tower B
2) you can cancel booking and seek full refund
3) builder cannot deduct 15 per cent as he has unilaterally changed allotment
4) issue notice to. Builder and
cancel booking of flat as you have been allotted in tower B and seek refund of money paid till date
5) if builder fails to pay file complaint before consumer forum in noida and seek refund with interest
6) the contract must be containing clause subject to jurisdiction at noida only
1. Do you have the copy of customer information form as well as booking form in which you have requested for Flat no 1204 12th floor ?
2. You should send the builder a legal notice asking for full and refund and terminating the deal due to his breach of promise after taking the part payment.
3. You should have taken precaution while paying booking amount and should have demanded a receipt or allotment letter welcome letter with the details of the details of flat should have been mentioned in the receipt the same time when you made the payment.
In case the builder is not returning you the complete amount , your option is to approach consumer forum to get court order to refund your money with interest and compensation.
no you cannot file it in Bangalore, you will have to file it where the builder is doing his business and the disputed property lies.
The request doe snot give you any right but if such request was accepted then that becomes a part of the agreement and is enforceable in a court of Law. You can file a suit for specific performance under such circumstances. Or complaint to the Consumer forum against the builder.
to get the money back the best way is a suit for recovery and damages but this takes a lot of time. Consumer forum might be a speedier forum to approach.
No the case has to be filed in Noida because jurisdiction arises where cause of action or part of cause of action takes place. Unless you can show that you had paid to a bank account in Bangalore, courtsof karnataka cannot invoke jurisdiction.
A. You have entered into the agreement by accepting the terms and condition stipulated in the Booking Form.
B. Booking Form cannot be treated as Contractor agreement. However, sometimes it may be used as implied contract against you.
C. Whatever the deduction amount mentioned in the Form is highly exorbitant. Hence, you can approach the Consumer Forum under the Unfair trade practice and Deficiency in the Service.
D.Issue a legal notice to the builder to refund the amount by deducting normal penalty fee as running in local custom in your area and warn to approach the Consumer Forum, if no good result, approach the Consumer Forum.
1. Send the builder a legal notice asking him to allot the same flat which was agreed by him earlier,
2. Collect evidence that he is charging more money for selling you the same flat which he had allotted to you earlier,
3. If he refuses to offer the said flat, file a complaint case before your local District consumer dispute redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount plus the interest, damage and cost.
1. The builder cannot allocate another flat except after obtaining your consent.
2. He is liable to return the entire advance amount to you if he fails to allocate the flat which you had booked.
3. You can issue a lawyer's notice at first to the builder seeking the refund of the entire amount paid as advance and thereafter go to court if required.
4. The case can be filed only in Noida i.e where the flat was booked.