Harassment by builder
Anuradha Kumari
(Querist) 09 October 2011
This query is : Resolved
On booking of Flat, I had given A/c Payee Cheques (towards 20 % of the Flat Basic Cost). I was told that they are not going to demand any money from me further till the registration process is over... But, when they sent me this letter stating that 50 % work is completed and I need to give additional amount... Then I confronted, that it was discussed that a HOUSING LOAN is must.... So, first registration process be completed and then further money payment flows ...... I had a slight confrontation with them. As a result, they now say that they don't want to sell the flat to me. I then asked, to give me a cancellation letter.. but they didn't.. They are asking me to write a cancellation letter and attach the original money receipt and give... Further... THEY MAY GIVE ME my MONEY after 6 months so... (Nothing Promising/ forthcoming).... Kindly help/ advice ...
In spite of the Builder's insistence to me to cancel (on Tele), I FAX-ed one letter stating what talk did I had with their sales team at site some months ago and that it was mutually agreed that I pay 20% of Flat Basic Cost at that time, Registration will be done afterwards and then rest money will be there..... I clearly stated my inability to pay any money without a HOUSING LOAN... but no reply has come yet from the BUILDER's side AS YET........
Suppose, I go to their office with a cancellation letter and if they might not like its content or if they just take the cancellation letter and original receipt and not give anything signed to me as a token of evidence,----- suppose suppose.... How the situation should be handled (carefully and without complications)
There has been no cancellation aggrement etc. between us.....
Kindly Guide
ajay sethi
(Expert) 09 October 2011
when you booked your flat did builder give you any receipt? was ny agreement exceucted ?
you have stated that it was agreed after registartion only additional amount was to be paid . is it mentioned in writing that additional payment is to be made only after registartion .
gnerally payments on under construction project is made slab wise . if 50?% of construction is completed builder would demand additional payment unless specifically mentioned in writing that payment is to be made after registartion .
Anuradha Kumari
(Querist) 09 October 2011
Registration of the Flat is not done. I booked by paying 20% of Flat Basic Cost in July 2011. There was verbal agreement that more money will be paid after registration process. In the BUILDER's CUSTOMER INTRODUCTION FORM, I has stated that Housing Loan will be required.
When the flat was booked, money receipts were given to me....
Anuradha Kumari
(Querist) 09 October 2011
Suppose, I go to their office with a cancellation letter and if they might not like its content or if they just take the cancellation letter and original receipt and not give anything signed to me as a token of evidence,----- suppose suppose.... How the situation should be handled (carefully and without complications)
There has been no cancellation aggrement etc. between us.....
Kindly Guide
ajay sethi
(Expert) 09 October 2011
never give your original receipt unless they give in writing they are giving you refund .
if you are not in a position to pay money then you have no choice but to obtain refund .
you can request the builder to please refund the money as you are not in position to obatin bank loan without registered agreement as bank has declined to do so . you cna enlose xerox copy of the receipt .
in the alternative request the builder to obtain bank loan for you . is the project preapproved by banks ?
do nor ruin your relations with builder at this stage . your money is stuck with builder
rajeev sharma
(Expert) 12 October 2011
ms anuradha
from the discussion i gather that u except the payment receipt do not have any document in writing from the side of the builder,so in any case do not part with that. Write a registered letter to the builder that at the time of booking of flat you were given a verbal impression that the next demand will be made after registration of title document in your favour, also mention that this was mentioned in the application form by you, if you have the copy of the form annex a copy thereof with the letter. If you are not able to pay for flat without bank assistance ask builder why he cannot execute the title document in your favour, it is very much possible that the builder himself might not having the title of the land. Let the terms of surrender be clearly mentioned by the builder in writing only then proceed to take next step.
Anuradha Kumari
(Querist) 15 October 2011
Hello Sir,
As suggested by you about writing a "Registered Letter".... I had FAX-ed one letter (THREE TIMES) and also Emailed the letter (2-3 times) on the Builder's Contact Email ID as provided in their WEBSITE..... stating what talk did I had with their sales team at site some months ago and other details and I very clearly stated my inability to pay any money without a HOUSING LOAN...
Is sending that Letter by a REGISTERED POST Still required...????
KINDLY ADVICE
Till now no reply has come yet from the BUILDER's side ........
Shailesh Kumar Shah
(Expert) 16 October 2011
Question:Is sending that Letter by a REGISTERED POST Still required...????
Answer: there is no need to send through Registered post. But you have proof of email sent also fax sent.
Also check in Application form or receipt, is mention mode of communication? if yes, do accordingly.
Anuradha Kumari
(Querist) 20 February 2012
Sir,
The letters sent to the Builder through Email just has my name and Mobile numbers written after the standard letter closing statement (like Kind Regards)
My Email, I don't have my signature....
As per the law, do these Emails to them are valid and legal documents? How do they stand in the eyes of the LAW! Kindly guide!
Regards
