You are not liable to pay 31 lakhs as Migsum has issued receipt of 36 lakhs
2) allotment letter has to be signed by builder also
3) inform Ansal about stand taken by builder and request them to settle dispute with builder
Builder Allotment Letter queries
1- I booked a plot in Ansal API Infrastructure Greater Noida in 2012 worth Rs. 48 lakh. I paid 18 lakhs in 2012 but the builder has not delivered the project nor refund my deposit amount. The builder has transferred my unit in another builder Migsun Ghaziabad project in 2021 with a credit note of 31 lacks with an interest. 2- Migsun builder gave me shop no- FF23 in the project MIGSUN ROOP and asked me to pay another payment for a shop. I paid all the amount rs 36,96,000/- (5 lakh with cash and 31 Lakhs via previous builder credit note). But The promoter has not given the BBA and he got our signature on Allotment letter with Annexure for credit notes but that Allotement letter is not delivered to us. Migsun Builder has issued payment receipt of all the amount rs 36,96,000/- (5 lakh with cash and 31 Lakhs via previous builder credit note). Migsun builder is now saying that previous builder credit note of 31 lakhs is not materialized and I have signed Clause 3 and 4 of Annexure which make me to liable to pay 31 lakhs of previous builder ( Written statement is attached from Migsun Builder) Could you please have a look on attached written statement from Migsun builder and confirm if I am liable to pay 31 lakhs of previous builder even if Migsun builder has issued payment received of 31 lakhs to me and they have credit note doc from Previous builder ? Is attached Allotment letter considered as BBA in UP rera ? Allotment letter is just signed by purchaser, but builder has not signed anything on allotment letter ? Is payment receipt of 31 lakhs still valid? Migsun builder is now saying that previous builder credit note of 31 lakhs is not materialized and I have signed Clause 3 and 4 of Annexure which make me to liable to pay 31 lakhs of previous builder ( Written statement is attached from Migsun Builder)
Asked 2 years ago in Property Law
Religion: Hindu
8 Answers
That as per the clause 3 and 4 of Annexure No 1 to Allotement Letter 3. That the Allottee Totally consents that the adjustment of the Credit Notes Issues by Ansal, shall always be subject to the materialization of deal between Ansal and the Company. In case of non-materialization of any deal with Ansal, Company shall be entitled to dishonor the already accepted/adjusted credit notes against the total costs of the Allottee and the Allottee shall not be at any claim from the company in any case whatsoever. All the claims of Allottee shall be limited to Ansal only." 4. That it is agreed between the parties that in case the credit notes are returned by the company due to non-materialization of the deal with Ansal, then in such case the Company shall be entitle to demand the amount of Credit notes from the Allottee which shall be paid by the allotee to the company within given time frame.
Asked 2 years ago
As per clause 3 and 4 of annexure builder can take the plea that they have not received payment of credit note
2) you have to sue both Ansal and builder to direct them to deliver shop to you
As per clause 3 and 4 of annexure builder can take the plea that they have not received payment of credit note but they have issued payment receipt of 31 lakh credit note to me on email id and physical copy of payment receipt so trying to understand that what is legality of clause 3 and 4 of annexure if builder has issued payment receipt of credit note ? Will this valid in UP Rera ?
Asked 2 years ago
Builder will take plea that payment receipt issued subject to realisation of credit note
as no credit note received from Ansals you are liable to pay
your defence should be credit note should not have been issued of no payment realised
It will be in your favour rera will consider your case if you are a flat owner
The builder has already acknowledged the receipt of the said amount of Rs. 31 lakhs therefore he cannot burden you with another additional liability. Since the current promoter has accepted the project from the previous promoter, it becomes his duty to collect the amount from the previous builder and cannot tax the buyer once again.
The clauses 3 and 4 are one sided agreement hence you can refuse to pay nor accept the liability as claimed by the builder.
The allotment letter is not BBA,
The allotment letter should be signed by the builder also.
The company's clauses as mentioned in the 3 and 4th clause are lopsided conditions.
The buyer never asked he Ansal to give away the project to the Migsun company.
It was their mutual agreement to buy and sell the project.
hence the conditions between them should in no manner affect the buyer especially when the buyers are not obliged to pay any extra amount to the new builder, then the builder cannot demand the extra payment nor it can impose such harsh condition like the credit notes if not materialized by the previous builder, then the new builder can take action agaisnt the previous builder as per law to recover the amount and cannot tax the buyer once again for no fault of the buyer.
You can sue the current builder for deficiency in service besides unfair trade practice.
You do not know what transpired between both the builders hence you cannot be held liable for the internal disputes between them
You can very well demand entire money from the builder with interest from the date of booking if he is demanding more money and also you are at your liberty to make a complaint before RERA against both the builders.
The credit note was originated by the builder on his own and not at your instance, hence the stand taken by the builder now stating that the credit note has not been honored by the other builder is not acceptable.
You have proof to prove that the money what you paid to the other builder has been received by this builder hence he had issued this credit not acknowledging the receipt of the payment made.
you can resort to legal action if the builder is insisting on the payment
Dear client,
The credit note of 31 lakhs from the previous builder, as well as the payment receipt issued by Migsun for the same amount, signify an agreement to transfer the credit. However, it appears there's a dispute about the materialization of the credit note deal between Ansal and Migsun. These clauses seem to indicate that if the deal between Ansal and Migsun regarding the credit note doesn't materialize, Migsun can demand the amount from you as the allottee. It's essential to understand the exact wording and implications of these clauses in the legal context of your agreement.
In real estate transactions, the Allotment Letter is a preliminary agreement that precedes the Builder-Buyer Agreement (BBA). However, the legal validity of an Allotment Letter as a BBA might vary from state to state. Specifically for UP RERA, you might need to consult a legal expert or check the regulations. The legality of clauses and agreements, as well as the interpretation of these documents, falls under legal jurisdiction. The UP RERA or Indian laws regarding real estate contracts, consumer rights, and dispute resolution might influence the validity of these clauses and agreements.
If needed, you can approach UP RERA for guidance or resolution regarding the dispute, especially if it involves non-compliance with regulations. You may draft and send a legal notice to Migsun outlining your grievances and the desired resolution. If the issue remains unresolved, you might need to file a complaint with UP RERA. They handle disputes between buyers and builders and can provide resolution through their prescribed procedures. Maintain copies of all communications, agreements, payment receipts, and legal correspondence for your records and as evidence if the case goes to legal proceedings. You can reach out to us for further assistance
