• 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
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
45615 Answers
2680 Consultations

5.0 on 5.0

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.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

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 
Ajay Sethi
Advocate, Mumbai
45615 Answers
2680 Consultations

5.0 on 5.0

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. 
T Kalaiselvan
Advocate, Vellore
35790 Answers
389 Consultations

5.0 on 5.0

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