Builder not willing to give the possession date in writing.
Sir,
I booked a flat directly with a builder (not through any broker) in Greater Noida West in Sept 2016 by paying 10% of the cost with the promise that the possession will be given latest by December 2017 (including grace period of 6 months) and that a builder buyer agreement would be executed after the initial 10% had been paid. Further, the executive finalizing the deal gave me time upto 15/11/2016 for paying another 30% as the deal was on 40:60 basis.
I subsequently received a phone call on 6/10/2016 asking for 30% more as it was falling due on 6/10/2016 to which i said i had time till 15/11/2016. On asking about the BBA, I was told that it would soon be executed. I subsequently received "due" notices by e mail and courier too.
In the first week of Nov, I asked the builder's authorised person for BBA wherein he said that it will only be executed after 30% more had been paid. He also said that it will not have the handing over date as 2017 Dec but 2018 Dec.
I sent a notice by speed post to the authorised person on 8/11/2016 asking him to clarify in writing the date of possession to be mentioned on BBA or else cancel my booking and refund my initial 10% payment.
Subsequently, two executives visited me on 24/11/2016 and told me that it is the builder's endevor to hand over possession by Dec 2017 though the 42 month period (again verbally) will be March 2018 plus a six month grace period on that. They promised to send the entire BBA plus a written assurance on e mail but sent only one page of BBA containing the 42 month clause without mentioning any dates.
It appears that these people will not give a written committment at all.
What course of action is open to me now if I go in for cancellation? The booking form mentions that earnest money amounting to 10% of BSP (that is almost the entire 10% paid by me so far) will be confiscated in the event of cancellation of booking. Please advise.
Thanking You.
Sincerely,
Rajiv Singh.
Asked 8 years ago in Property Law
Religion: Hindu
