• Dispute of payment structure

Hi ,

I have booked a flat with a reputed builder. At time of agreement, i was supposed to pay 15%, 80% as bank finance and 5% at possession. But i made a 10% amount directly at time of booking,  so they told me that i can do remaining 10% at possession. Point to be noted here was i didnt asked them to make changes in payment schedule in agreement.

Now, agreement was done and everything was going normal but there was a demand note at time of flooring completion, which is last one before possession, the amount which was asked in demand note was more. I explained them as per my deal 10% possession amount should be left out. So they sent me mail adjusting the payment needed. 

Now, after 4 months, all people whom i was dealing with left the organization. i am being asked to pay the amount along with interest of 18% pa. They are not considering mail which adjusted the payable amount.

What is legal course available to me. Can i cancel the flat without giving cancellation amount which is 10% as per agreement.

Please suggest as i am going through a lot of mental agony explaining them multiple times.
Also they are not allowing me to meet their higher management to explain the issue.

Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) don't cancel the booking 

2) pay amount under protest 

3) take possession of flat 

4) then move consumer forum and seek refund of money paid with interest 

5) seek litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
45506 Answers
2675 Consultations

5.0 on 5.0

Well, I am not certain whether they had made any written communication of the deal which is not described in the sale agreement.
In absence of any written proof you can not take plea of unofficial understanding.
The parties are bound by the terms of the agreement.
If there is mentioning of payment of interest you have to pay the penalty.
I regret you have no other option.
Devajyoti Barman
Advocate, Kolkata
12828 Answers
166 Consultations

5.0 on 5.0

1. The mail whereunder the amount was adjusted resulted into a contract which binds the organization regardless of who is at the helm of affairs now. The change in the organization structure or the office bearers does not result in waiver of liability of the organization. So instead of cancelling the flat you may sue the builder in the consumer forum for delivery of possession according to the payment plan endorsed in the email.

2. If you cancel the flat now the refund will be governed by the cancellation clause prescribed in the agreement. 

3. Consult a lawyer with a copy of the agreement.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

If the builder is demanding the amount in excess of what he should have demanded, you can give him a notice stating all those details including adjustment and rescheduling the payment through email, by producing a copy of the said email and ask him to do the needful or else to cancel the booking and return the booking amount with interest from the date of booking, filing upon which you will be constrained to initiate legal actions agaisnt the builder which will include a consumer case for compensation and also a criminal complaint with the police for cheating and breach of trust and intimidation.
After this notice, if the builder is still insisting then you have no option than  to initiate legal process to overcome the crisis. 
T Kalaiselvan
Advocate, Vellore
35665 Answers
387 Consultations

5.0 on 5.0

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