This is my response to you:
1. Such a condition may be written in your offer letter or the MOU entered by you;
2. You can also cordially speak to the builder;
3. The builder will be willing to do so depending on the availability of the rooms;
4. Consult a local lawyer and then take next steps.
Hi,
You must know that you have to disclose all the terms and conditions of the offer letter or the prospectus given to you. Depending on the same, then only a legal opinion can be shared with you.
Also, if no such condition is mentioned in the offer letter/prospectus then it is at the discretion of the builder to allot you a 2BHK flat or no. On the other hand, if you fail to arrange funds for the purchase of 3BHK flat, the builder is at full liberty to take any sorts of legal recourse in recovery of money from you.
And if you have entered in to Agreement to Sell for the 3BHK flat then the same will also have to be cancelled. For the same cancellation deed needs to be executed as well as signed. A fresh agreement for 2BHK flat will be required to be signed and registered.
Consult a local lawyer, discuss full facts, disclose all correspondence with builder and papers to your lawyer and take steps.