• Is datewise agreement legal in home buying under construction

My mom had bought a flat from builder.in allotment letter issued by him the payments to be made were listed slab wise but during registration he demanded us to pay installments datewise and 20% of the total cost agreed.
After that we payed 2 installment but due to change in his buildup plans the builders halted the construction.he changed his building plan from 7+ to 13+ without informing us.his payment reminder also had stopped
After 1 year of halt the construction resumed and we again payed our installments as per reminders but after 3 installments we recieved a letter to pay the installment with interest of 14% due to delay.
We revolted so the builder saying it was his mistake told us to pay as per agreements.
Aftet completely paying every installment when we asked for the possession of flat the builder sent us a letter to pay our installments with huge interest amount on it.
When we tried to confront him he avoided us and threatened to forfeit our agreement if the amount was not paid so we lodged a complaints in court after which he cancelled our registration and sold the house to someone else
My question is 
Is datewise agreement legal
On what other grounds is he guilty
And in this conditions if we win will we get our house back or the compensation which is more likely
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) builder cannot cancel agreement arbitrarily and sell flat to third party 

2) the mistake you made was you should not have agreed to change clauses form slab wise to date wise payment 

3) it is necessary to peruse agreement entered into with builder to advise 

4) further it is necessary to peruse case filed by you against builder in court to advise 

5) most probably you would get refund of money paid by you with interest and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
44494 Answers
2587 Consultations

5.0 on 5.0

Nothing to worry.
Immediately file a case in consumer forum seeking the remedy.
You will not only receive the relief but compensation and damages out of this harassment.
Devajyoti Barman
Advocate, Kolkata
12581 Answers
162 Consultations

5.0 on 5.0

1. Without a supplementary or fresh agreement being drawn up you should not have agreed to deviate from the slab wise payment set out in the original agreement. If you have paid the installment in accordance with the original agreement the builder is bound to deliver the possession to you. 

2. You have stated that you have lodged a complaint in the court. What is the nature of the case filed by you? You were required to file a lawsuit to seek delivery of possession with compensation and also seek a stay against the sale of property to someone else. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Hi, It is the good case for deficiency of service on the part of the builder, inspite of your payment he has cancelled your allotment so you can file a complaint in the consumer forum for refund of the amount with interest.
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

The builder cannot cancel the agreement unilaterally, it is illegal and breach of contract.  He can be drawn to civil court seeking specific reliefs besides specific performance of contract.
You have stated to have approached court, which court, civil or consumer, what was the relief sought before the court.?
The details of payment and the demands the builder made with regard to the alleged exorbitant interest are to have been brought out in the legal notice or in the pleadings in the case filed before court.
The slab wise agreement for payment of installment payment should not have been changed to date wise which has gone against you. 
You may get the amount paid along with the interest if the builder expresses inability to provide the flat since he has already sold to a third party, the interest on it may be insisted.
T Kalaiselvan
Advocate, Vellore
34622 Answers
373 Consultations

5.0 on 5.0

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