I booked an under construction property in Mumbai in 2008. The property was owned by Mr. A and he had hired Company B to carry on the construction work where the Company B too had right to sell some flats in the building. I paid the booking amount which was 1/4 of the amount at that time which came from savings and the rest; I was planning to take home loan. The entire residential property consists of 3 wings, A and C of 11 floors and C of 7. I had booked a flat at B 6th floor with Mr A. At that point only 4 floors were completed and it was promised that the building would come in 12 months.
There was some issue between Person A and Company B which led to court case over their rights. Person A had bought TDR only for 6 floors and Company B argument was that Person A is not renewing the contract and not buying TDR above 6 floors. Person A’s argument was Company B has to complete 6 floors and he will buy the rest but Company B thought once 6 floors are completed, Person A can legally throw him out and therefore he was not buying TDR. Company B argument was that they had invested a lot in the property and had lend some money to Person A so they did not want to go out.
The court case took around 5 years to settle where the judgement was passed that Company B should pay a sum of amount to person A so that he can transfer all his rights to Company B and company B has to abide on all the dealings made by Person A( I am one of them). Due to such a long time, there was appreciation in the prices and changes in the flat setup. As Company B wanted to recover all the dues they paid to Person A, It started playing cheap games. Firstly they made changes in building plan to take unused area inside the flat and charge flat owners. The surprising part was he took flower bed area inside and started demanding current price for additional area that too with 50% loading. Meanwhile he started sending letters that 54% of the work is completed and to release payment but I was firm that the rest amount will come from the loan and get his new plan register and allow me to register. I still accepted this demand for paying for the additional area as I am tired of staying in rent and wanted the building to come up quickly. Now any how in December 15 2014, the company completed 6 slabs which gave me right to register. He gave me demand letter on December 15 that slab 6 is completed and asked me to register and release payment in 10 days. I had taken pre sanction letter from bank but due to delay in the project, I had to renew it, which took time around 2 months for the property to get register and the bank to release loan. He has now sent me a letter that I have delayed the payment and need to pay 21% interest which is mentioned in the Agreement. He has still not bought TDR above 6 floors and he has promised to complete the project by march 16 as written in agreement and the agreement is also smartly made where he says that any delay in the projects due to rule changes, or water scarcity, cement prices, unforeseen activities, he wont be responsible. He also made changes in the agreement that I am not entitled to stilt parking which is legally my right and demanding money without giving in writing.
Going forward he is going to harass me further. I have not mentioned small meeting and kind of harassment I have gone through with Person A who is no more and Company B.
At this moment,
I want help in how to get parking, get rid of Interest payment demanded by him and in turn demand interest on him for delay in the work and the entire amount of rent I paid due to delay since 2008 although my dealing was with Person A who is not in picture (now he is no more) and nothing written as the flats was not registered however I have details of cheque payment made to Person A. I hope I have not confused with this long letter.