Well, this is a quite complicated question. So, i request all the senior advocates to give it a consideration.
I decided to invest in one of the projects in Bhiwadi, Rajasthan in 2006. I paid the booking amount of 2.5 lacs (12% of cost) and 1.5 lacs next month as demanded.
As per the agreement, the developer was supposed to provide the flat within 2 years. If he failed to do so, he gonna provide 6% interest p.a.
Now, till date i haven't received the possession. There was a fraud going on and company stopped its operation for sometime but again started constructing the same flat in 2011.
Now, my questions are->
1. I booked a 3 BHK Flat at that time @1350 per sq ft but now builder is now constructing a 3 BHK instead forcing me to buy 2 BHK or surrender it. I am ready to buy 2 BHK but again he is charging more than the price agreed in the agreement. Say-
The price of EDC, IDC were Rs 75 per sq ft, parking at Rs 50,000, other charges 150000
Now, he is asking for EDC 150 per sq ft, PLC Rs 150 per sq ft, Parking charges @1,50,000 and other charges which cost around 4 lacs.
So, the base cost of flat is 16,20,000 (1200 sq ft * Rs 1350 sq ft) and including these charges it comes to 26 lacs.
I mean 10 lacs just for these things.
I also want to take the possession as i want to live in there.So, i am thinking to sign a new agreement.
Can i file a case after getting the possession ( As my position right now is just to accept whatever the builder says) for the delayed possession, increase in cost, mental torture and parking charges which are not to be paid as per Supreme Court orders.
Will signing a new agreement affect the case as to get 2 BHK flat i will have to sign a new agreement and in it all the charges have been revised ( increase of more than 100%)
Also, my money has been invested in a such a project which didn't give any yield. SO, can i seek compansation for all these said charges but i want to take the possession too asap.
