Irregularity in allotment of flat
I have applied for a 2 BHK flat of 625 Sq ft as per terms and conditions of "AFFORDABLE HOUSING POLICY 2013 (Government of Haryana notification No.-PF-27/48921 dated 19 Aug 2013) to be developed by M/s Alton Buildtech India Pvt Ltd (Adani Group co.) against licence No. 81 of2014 at Sector 88 Gurgaon. I have paid Rs 125887/- on 27 Dec 2015 as booking amount (5% of cost of flat, total cost being Rs 2517745/-).
2 The company has allotted me a 1 BHK flat of 372 Sq ft on 26 Feb 16 as per draw of lots held on 11 Feb 16 conducted by the company in presence of the officials of the committee of DGTCP and DC constituted by the state of Haryana in accordance with the policy.
3 Since I have applied for a 2 BHK flat and allotted a 1 BHK flat, I intimated to the company about the irregularity in allotment and sent an email on 15 Mar 16 and asked the company to allot me a 2 BHK flat so that I could pay additional 20% of cost of 2 BHK flat accordingly.
4 Surprisingly the company declared me a defaulter for not making additional 20% cost of a 1 BHK flat and cancelled the allotment of 1 BHK flat and sent me a check of refund.
5. Since I am not a defaulter of payment, I returned the check to the company on 19 July 16 and requested the company to allot me a 2 BHK flat. The company did not rectify the irregularity in allotment even after repeated mails and meetings.
6. Now on 06 Nov 16, the company has again issued me a check of refund of booking amount.
7. Kindly advise me on the legal options available to me.