Seek a advise
My wife is booked a flat with a Car Parking Space and signed an agreement on 27th March 2015. Total Property Vale is Rs 3,47,1700.
We paid 10% of the total value that is Rs 3,47,1700 by cheque and also paid Rs 35000 in cash additional for electricity related work but builder did not provide any receipt of Rs 35,000/- said later i will provide.As my Wife is a staff of nationalised bank staff so we visited her bank for staff loan but Bank also asked builder 3 years IT returns papers and balance sheet as the property is under construction and his property is not approved by any bank as well.
The builder is not ready to provide above mentioned documents even not coordinating nicely.
i Sent a letter for asking necessary bank papers or else refund my entire payment.
He replied my letter without refer my letter and asking balance payment with damage of Rs 2,00000/-(2 Lakhs only) .
In Agreement it mentioned that if the purchaser's neglect to to pay the balance amount within time the builder shall refund the amount paid by Purchasers after deduction of 10% om the same after the flat is sold out.
My loan is not sanctioning due to insufficient of papers which i already written in my letter in spite of that he replied and asking balance amount within seven days also what damage he is talking about. There is no clause of damage is there in Agreement.
I dont want to purchase his flat and want my entire amount with interest . He harassed me lots for the same.
Please help me out to this situation.