• Regarding Apna Ghar Phase 3 in Mira Bhayandar

Dear Sir,

I have booked a flat in the Apna Ghar Project (Phase3) which is in its pre-launch status presently.

As per their terms I have paid the booking amount of Rs.1 lakh, and I am required to pay the next 25% installment within a period of 70 days.

My worry is, being a pre-launch project it has yet to acquire the CC, and Bank Loan facility, which according to them might take year to implement.

Although the cheques are being accepted in the name of the developer's company "Seven eleven Const Pvt Ltd." the customers are being handed over with just a temporary receipt for the initial payments, which is signed by some unverified accountant and not by the developer himself.

They say that the permanent receipts would be issued once flat allotment procedure commences, may be after a period of a year.

The whole system is at the moment managed by an intermediate Marketing group named in-focus reality, who confidently boast the credibility of the project and are sure of a timely possession by the developer.

My question is, should I trust this project and go ahead with the next 25% payment, and if suppose I go ahead with the payments and later find some issue, would I be eligible to file a complaint to RERA against this project? if yes what kind of procedures would I have to go through?

Your kind advise would be greatly appreciated!!

Best Regards
Swagatam Majumdar
http://www.homemade-circuits.com/
Asked 3 months ago in Property Law from Mira Bhayandar, Maharashtra
Religion: Hindu
1) you should never book flat at pre launch stage 

2) only after building plans are sanctioned and CC issued should you do the booking of flat 

3) avail of bank loan so that bank does due diligence of the project 

4) if builder is willing cancel your booking and take refund .

5) it is better to pay higher price only after approvals are in place than making payment now . you should take a gamble with your hard earned money 

6)in the alternative  check the track record of builder whether he has completed other projects on time . then take call for making further payment 

7) you would be eligible to file complaint with RERA in case builder has obtained the approvals for launching the project 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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Do not make the further payment of 25% till you get a proper receipt by the developer itself.
However the duly appointed marketing agent can give a receipt if it is authorised by the developer to do so.
So inform the developer through e-mail about making such payment with scanned copy of your temporary receipt. This would refrain them from ignoring your status as lawful purchaser.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. The permanent receipt should have been issued if the advance was paid. It was unwise on the part of the buyers to make payment only against a temporary receipt. Be that as it may, the cheque itself is sufficient to prove that the amount was remitted to the builder, so the absence of permanent receipt does not vitiate the case of the prospective buyers. 

2. You will surely be eligible to complaint to RERA against the builder apart from suing it in the consumer forum for delivery of possession or refund of money with compensation.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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You should first verify the credentials of the developer/builder and the construction company by confirming if the firm had already built any apartments/flats elsewhere or whether they are new o the field, what is their background, what is the connection between the agent and the builder, whether the agent has been authorised to collect the money on behalf of the builder, whether the agent is from local and has any security for the amount collected from the customers and all other details relevant to the construction of the apartments/flats that you are proposing to purchase.
In the name of construction, one fellow will be collecting the money and the other fellow will be washing away the responsibility if the former vanishes away with the collected money.
Before investing further, better have a thorough  check and confirmation about the reliability and authenticity of the builder and then take wise decision to proceed or not. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
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Thanks for  your  appreciation 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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You are welcome for the appreciations 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Good luck!
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0

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