Forfeiture of flat and money by builder
ashish jain
(Querist) 29 October 2012
This query is : Resolved
we purchased a flat in navi mumbai with famous builder suntec realty a year ago.
we made 70% payment to him as per the requirements then.
But due to delay in further payment made by us builder has forfeited the flat and the money saying there was a clause in the agreement.
the reason for the delay in payment from our side was because of unreasonable interest charged by the builder and we asked for the explaination. but builder did not reply and we did not pay. finally we got notice from builder saying we have to pay 9lac in 7 days else allotment of flat will be cancelled. A letter of cancellation of allotment is sent by the builder now.
ajay sethi
(Expert) 29 October 2012
consult a local lawyer . necessary to go through provisions of agreement . for feiture after payment of 70%uis harsh . move consumer forum against the builder .
Devajyoti Barman
(Expert) 29 October 2012
If there is a forfeiture clause in the agreement on default of honouring the terms of agreement in time then you could do nothing.
The terms of the agreement hence needs to be seen before advising further.
ashish jain
(Querist) 30 October 2012
thank you so much...
but after making payment of rs.70 lakhs how can they just say the allocation of flat is cancelled..
though they mentioned the clause in agreement but we did not make the payment as they charged unnecessary interest despite being their fault....
we did ask for cancelling the interest applied and they didnt response...
R.K Nanda
(Expert) 30 October 2012
reply to his notice by lawyer. also send him
a legal notice to refund ur amount if flat is
cancelled by him.contact a local lawyer and
take steps asap.
adv. rajeev ( rajoo )
(Expert) 30 October 2012
issue legal notice to the builder to perform his part of contract giving the reasons for delay in payment. If he didn't reply you then initiate legal action against the builder.
Victories Venkat
(Expert) 30 October 2012
What ever the clause mention in the agreement for cancellation of allotment, you may get your amount after deducting some nominal charges as per the consumer act. Now this situation also, you may issue a legal notice in detail to the Builder, stating all the acts and deeds had between you and builder. Then, proceed with appropriate action.
ajay sethi
(Expert) 30 October 2012
we have advised you . now dont waste time . consult a local lawyer as 70 lakhs is huge amount
ashish jain
(Querist) 31 October 2012
thank you all of you for helping me with your valuable advices....
i will initiate the process now but before that will try to advice builder to settle the matter with discussion..
ajay sethi
(Expert) 31 October 2012
stage for disccussion has paased . builder ahs foerfeited your 70 lakhs . now you need court order
R.K Nanda
(Expert) 31 October 2012
take legal action asap.
