Cancellation of Flat by Builder
ASHWANI GAGNEJA
(Querist) 19 October 2010
This query is : Resolved
Dear Sirs
I had booked a flat with Ansal Buildwell in their Sushant Lok scheme in Gurgaon, way back in 2002. All the dealings were done in Moradabad. Their agent had visited Moradabad. They after receiving the initial amount of Rs. 136,500.00, had allotted the flat. But, they subsequently changed the no. of Flat. We protested that at the time of allocation, we had opted for a Sun facing Flat, whereas, the new flat was not Sun facing. To which they replied that as per the agreement, they can do so. But the fact is that I had not entered into any agreement with them. After a lot of correspondence with them, they cancelled the Plot.
I filed a suite with Consumer Forum in Moradabad. But my local lawyer is of the opinion that since the Property is situated in Gurgaon, it should have be filed there & he has been taking adjournments for a long time waiting for any higher court’s judgement in the matter.
I request my friends in the Lawyers Club to advise me whether the suite be accepted in Moradabad or dismissed. I will very much grateful.
Devajyoti Barman
(Expert) 19 October 2010
Yes your local lawyer is right . The case should have been filed n Gurgaon where the suit property situates. However if the developer has ot any any branch office in Moradabad then the present case is maintainable.
Advocate. Arunagiri
(Expert) 20 October 2010
If your agreement specifically describes about a flat, you can file a suite Specific Performance in the Civil Court.
If the builder had entered two different agreements for the same flat (one with you and with another), initiate criminal case u/s 420 IPC.
