Booked in application form tower and floor changed
I booked a flat in 2013 in real estate group in X tower A floor. I gave another instalment as mentioned in the payment plan 2 years back. 20% of total payment. Then for next 2 years they never gave Allottee agreement papers or any other information. 1 month back i received another letter for 3rd payment and asked me to collect agreement papers. In the papers they have changed my booked flat to another tower and another floor. Now they are saying there is a provision in a application form that group can change location. They are asking me to fill new form and possession time was 2016 earlier now it has changed to 2017. They were responding in such a way which was not acceptable. When i asked to cancel my booking and make refund then they said that 20% BSP (basic selling price) will be deducted (also mentioned in provision form). that means i have to pay again for my cancellation as well. They are saying that layout plan is changed so we changed the tower and floor. I stopped making payments and did not sign the agreement. What should i do now? Building is under construction from last year.
Asked 2 years ago in Property Law from Ghaziabad, Uttar Pradesh
1) builder cannot arbitrarily change location to another tower and another floor without your consent .
2) if builder has arbitrarily done it insist that you want flat on said tower and same floor
3) you can cancel booking and seek refund
4) builder cannot deduct 20 per cent of BSP
5) move consumer forum against builder to either deliver flat in same tower and floor or in alternative refund your money paid with interest
Hi, you have to file a complaint in the consumer forum as there is a deficiency of service on the part of the Builder.
Before filling the complaint you have to issue legal notice first and then file a complaint.
Real estate group is saying these points which are mentioned in application form thats why not giving refund and deduction of 20%:
1. The Developer and the Applicant(s) hereby agree that the amount paid to the Developer by the Applicant(s)
either with the Application for provisional allotment or thereafter to the extent of 20% of the Basic Sale Price
of the “Apartment” shall constitute Earnest Money. The Earnest Money shall stand forfeited in case of
default by the Applicant(s) in timely payment of all installments and for non-fulfillment of the terms and
conditions of provisional allotment. In such an event, the booking/provisional allotment of the
“Apartment” shall stand cancelled and the Applicant(s) shall be left with no lien, right, claim whatsoever on
the “Apartment” applied for/allotted and the Developer shall be free to deal with the “Apartment” at as it
may deem fit.
2. That the “Apartment”/Tower is based on the approved layout plan but still if there is any change of
location due to unavoidable circumstances then the Applicant(s) will accept the equivalent alternative
arrangement made by the Developer without claiming any compensation. The Developer shall have the
right to effect suitable and necessary alterations in the layout plan, if it is essential in order to meet the
requirements of the Development of Said Project. Such alterations may involve all or any of the following
changes namely, change in the position of the “Apartment”, change in the location of the “Apartment”,
change in the number of the “Apartment”, change in its boundaries, change in its Specification, change in its
dimensions or change in its area. To implement all or any of the above changes, supplementary
Arrangement/Conveyance Deed or additional documents, if necessary, will be executed and got
registered. Surplus /deficit in the cost in case of change in area of the “Apartment” shall accordingly be
paid back/claimed from the Applicant(s). The Stamp duty/Taxes and Expenses involved in execution and
registration of the supplementary Conveyance Deed etc. on this account shall be entirely borne and paid by
3. That if the number, area or the location of the allotted “Apartment” changes due to the above mentioned
alterations, the final reallocation will be done by the Developer, whose decision will be final and binding on
the Applicant(s) and the Applicant(s) will have no right to make any claim on this account.
Apart from this it is also mentioned in form:
1. In the event the Developer accepting this Application Form, the Developer
shall provisionally allot an “Apartment”, upon my/our having executed a
Apartment Allottee(s) Arrangement within 30 (thirty) days from the date of
intimation of provisional allotment is received by me/us.
--> Apartment Allottee(s) Arrangement I received in two years. but i am not getting what is provisionally allotment. They demanded 2nd instalment for the same unit i booked 2 years back. but now unit is changed.
Asked 2 years ago
1) agreement is completely one sided and in favour of developer
2) you have booked flat on basis of approved layout plan
3) the builder has collection earnest money on basis of layout plan
4) the builder had to explain what are the unavoidable circumstances that caused location of your flat to change to another tower
5) drag builder to consumer forum and challenge provisions of one sided agreement and seek refund
The conditions No. 2 stated by you and reproduced herein below appears to be illegal in law because it has no consideration for natural justice, the unilateral decision in the name of condition, by the developer/builder is nothing but legal cheating in disguise.
You should issue a legal notice to the builder intimating that you would like to cancel the sale agreement for the reasons you are affected by it including the postponement of the completion of the construction on its own and demand the refund of your advance money without paying heed to the condition mentioned as first condition.
If the builder fails or refuses to oblige to the demand made, you may approach consumer forum with a case for deficiency of service.