I booked my apartment on First Floor in Supertech Oxford square in Oct 2010, in Noida extension. I took it in Flexi
mode, it was decided that at the time of booking i have to give 10% and after that builder will do agreement (it
was orally decided not on paper) and within 60 days of booking i have to pay 40% of the apartment.
But after paying 10% builder didn't signed agreement, i followed up a lot, but builder didn't signed agreement and
also didn't raised demand of 40%, so i also didn't paid that. After that in End of Oct. 2010/starting of 2011,
noida extension issue arises, and nothing happened at their side, and builder also stopped all processes.
In 2011, also first i tried to take agreement and discussed with builder orally, but didn't get any response, so
later in 2011, i started communicating with Supertech on Mail. During communication on mail, he informed that,
because of noida ext. issue all process is on hold and once the issue will be clear, they will sign agreement.
in One mail the Project manager of this project also informed me on mail that this / my block is under approval
with noida authority once it will be done, they will do agreement. But later nothing happned till May 2013.
Now in may 2013, Builder signed the agreement, but i was surprised to know that in their database Ground floor was
booked on my name instead of First floor. I raised the concern , they informed that they have sold that apartment
to some other (after my booking, as i was the one of the first customer to book apartment in that project), either
i can cancel my booking or take Ground floor or take First floors on any other block which is available now.
I was having no option, other then to go on Ground floor, as area of this apartment was more then first floor, so
they told me to pay Rs 50 K through electronic transaction, else my booking of first floor (In their database
Ground floor) because of less then 10% booking amount will be cancelled and they also can't take Rs 50K now through
cheque/cash, so i was having no option and paid 50K, through electronic transaction.
Now in May Supertech signed agreement of Ground floor (Terms of paying amount was same which was defined in 2010).
We studied the agreement letter carefully, but didn't thought that he will apply illogical penalty, so i signed on
that. But surprisingly he also raised demand of Rs. 11 lakh penalty, on 40%(penalty on 40% from 2010 to May 2013, on rate of 24%PA), which i didn't pay in 2010 , because of
non signation of Agreement letter. He never raised any demand after 10% in 2010, and in my communication in 2011, he also told me to wait and didn't raise this concern.
Now, He is saying that this demand was time bound and even he didn't raised demand i would have to pay it, and he can't
neutralize this. I discussed with CRM team their head, Supertech director, but no one is ready to listen.
So my query is , is his demand legal. How i can get rid of this situation without loosing the flat. I don't want to
pay this illogical demand.
How i can proceed on this, because now Builder is not ready to listen.
Few points -
1) I booked apartment in 2010, First floor, I have receipt and filled form / we have document of that, agreement
signed in 2013 on Ground floor. He is demanding penalty on floor which i never booked, signed agreement of Ground
floor in 2013. Can this be a case of forgery, or can i get in court on this ground , without loosing the booking/apartment?
even size of GF and Ist Floor, which he was booking in 2010 is changes and reduced by some sqft.
2) Booked apartment in 2010, agreement signed in 2013, can builder apply any penalty on period, which is before
signing the agreement.
3) he never raised any demand letter in 2010, for 40%, was it mandatory from builder side or only customer would need to take care of time frame..
4) As in one mail in 2011 they have informed me, that this project/my block us under noida authority approval, can
builder sell without approving flats..? or do i need to ask builder Ist that when my block is approved ? before
taking any further step, though i have their mail on which they informed this. ? can this be a case of fraud ?
5) In mail 2011, builder told me that everything is on hold, so once all things from Noida issue will be cleared
they will signed the agreement. Is there any law that, to sign agreement letter before raising any demand is mandatory ? or before signing agreement on back date he can apply penalty..
As possession of this apartment is now expected in Aug 2014, so i want things to sort out before these, if i go to normal court or consumer court, in how much time i can expect some result. and are there any weights in my points to go to court ?
Please give your views on this or please give me call.
Rajneesh
9711951228
