• 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.

Thanks
Rahul
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
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.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0

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