cANCELLATION OF BOOKING BY BUILDER
manik
(Querist) 12 December 2010
This query is : Resolved
i had booked a flat with a builder in Faridabad in May 2009. On a plain paper entered into an provisional agreement wherein builder as per term was permitted to cancel booking in case of delay in payment of installment. i on two ocassion on a receipted copy to the builder had intimated to furnish documents to enable me to process the loan with my banker. the builder did not provide me the revevant documents. on 23 Nov builder sent me for the first time final letter seeking payment of dues and on 02 Dec 10 due to non payment cancelled allotment of my flat quoting the buyer seller agreemnt. insipite of meeting the builder and info them that due to non furnishing of documents i could not process the loan amount with bank, hence there has been a delay in payment the buildr is not willing to change his decision.
it is learnt that due to appreciation of his property the builder is arbitarily cancelling booking of flats. ther has been no valid reason given by builder to cancel my booking or not providing documents necessary to process loan from banker. builder is only willing to return the booking amount.
please advice further course of action.
SAANJAAY GUPTAA
(Expert) 12 December 2010
Send A Notice from your Lawyer seeking proper reason for not providing documents till date to avail the loan facility and also ask for the booking amount if returned by the builder with interest, otherwise move to the proper court for relief.
Sri Vijayan.A
(Expert) 12 December 2010
Yes, I agree with Gupta.
Send notice to the builder as advocated by him and make evidence that u r on the job and the delay/ failure is due to the builder.
Otherwise, if he sends notice send reply stating the same reason and insist him to produce the documents.
In the reply notice also, u can demand for interest.
M V Gupta
(Expert) 15 December 2010
In the notice u should state that the delay if any was entirely due to the failure of the builder to provide the documents to enable u to obtain the bank loan and that u are always prpared to comply with the payment obligations. Hope ur written agreeement mentions that u have to obatin bank loan and that the builder would furnish u all necessary documents to enable u to get the bank loan. If after giving the above notice if the builder does not restore the booking u may file a complaint in the Consumer forum. Better engage a suitable lawyer for all the above purposes.
