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Sash (Mgr)     05 December 2010

Can the Builder Cancel my booked Flat???

 

Hi,

 

The Builder 'CANCELED' my booking to a the under construction Flat, which I have booked by paying booking amount. He is stating that I was Non-Contactable on my postal address on which the builder has sent Demand Note for further payment.

 

However, even though I have changed my residence for which I have informed the Customer Service of the Builder through email, which they failed to update in their  system and they were trying to communicate me on my old address.

I do have the sent email as an evidence with me, requesting to update my communication address to builder.

 

The current status is, the builder has canceled my booking and had sold the same flat to other party.

 

I want my booked flat.

 

Kindly advise.




Learning

 8 Replies

Suchitra. S (Advocate)     05 December 2010

File a consumer case for deficiency of service after sending them a legal notice.

Sash (Mgr)     05 December 2010

Thanks Adv. Suchitra for the response.

I am sure wanna file a case against that, however would like to know few more things..

1. Can the Sent Emails be shown as valid evidence on follow-up for my flat?

2. Can the Fax Sent Report be shown as a valid evidence in the court?

 

Regards,

Sash

Suchitra. S (Advocate)     05 December 2010

Yes, they can be produced for evidence of transactions between the builder and you.

Bharatkumar (ADVOCATE )     06 December 2010

Any document make between u and Builder please see the all conditions of the document,  thenafter see why Builder cancle your flat? what's the reson? then u meet Builder personally for that and give a reply of the Notice and then take a action against Builder.

Bharatkumar (ADVOCATE )     06 December 2010

Any document make between u and Builder please see the all conditions of the document,  thenafter see why Builder cancle your flat? what's the reson? then u meet Builder personally for that and give a reply of the Notice and then take a action against Builder. Document evidence is necessary for that and u enclouse all papers when u file a case.

Sash (Mgr)     06 December 2010

A representative of Builder from his Customer Service Dept. says that it has been cancalled due to the amount demanded was not paid.

However, it was orally agreed that the amount outsanding will be paid by April 2010 with 24% intrest on the demanded amout. But, prior to that, in Feb 2010, it seems the builder has sold my booked falt to someone else with increased price to make his profit.

Thanks & Regards,

Sash

Bharatkumar (ADVOCATE )     06 December 2010

U registered a Agreement for Sale that time? U fill-up Booking Agreement? U sign any document at the time of Booking the flats? Kindly see the doucuments and conditions.

sumit (sumit.gupta.k@gmail.com)     25 February 2011

Hi, 

I have the similar problem, I booked a flat and gave the builder the booking amount, 

After 6 months builder asked me to sign the agreement. Unfortunately I was not presnt in the country. I emailed him that I am unable to come right now. But will sign the agreement as soon as I come to India. 

 

I also asked him to suggest the action to be taken. 

 

He did not replied. Today , when I went to him for signing agreement , he said that your flat has been cancelled. 

 

Please suggest if I can do anything legally in this case. 

 

Thank you. 

 

Regards,

Sumit


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