Legal advice property
Hrishikesh A.
(Querist) 10 March 2014
This query is : Resolved
Dear Sir,
Good Morning
I am A. Hrishi from Maharashtra. I got your reference from Lowers Club.
I request your adivice on following
Situation : I have booked the flat from renowned builder and did registration on 1st Oct`13. Then I applied for loan in State Bank of India. SBI told me that project is not sanction in SBI. Builder told that approval is in process and it has done on 10th Dec`13. Builder has given me supporting documents on 21st Dec`13 based on that I have applied for loan in SBI. SBI raised query list for supporting documents from builder on 18th Jan`14 which was subsequently solved by to and fro documentation between builder and bank and finally file is under approval and will get sanction by 12th Mar`14.
Now, builder is threatening me for Cancellation of Sales Deed because of this delay against it is not because of my fault but processing issues between builder and Bank.
I have paid 20% amount to builder.
My question is Is builder can cancel my agreement without consent of mine and allot the flat to other customer without my agreement of Cancellation Deed?
I request your kind advice on the same.
Thanking you.
Regards,
A. Hrishi
ajay sethi
(Expert) 10 March 2014
builder cannot cancel deal arbitrarily . the delay arose on account of builder failure to furnish supporting documents to bank .in event builder cancels the deal move consumer forum for necessary reliefs
R.K Nanda
(Expert) 10 March 2014
no, he cannot do it.
Rajendra K Goyal
(Expert) 10 March 2014
Builder can not cancel the booking of flat with out your consent. If he does so you can approach consumer forum for relief.
Hrishikesh A.
(Querist) 11 March 2014
Dear Sirs,
Thanks for your response.
But would like to inform that builder is threatening me with below clause mentioned in agreement. Request you what should I do at this point of time
Thanks and thanks again for your helpful advice and guidance.
Clause No. 15 of the Agreement signed and registered between us clearly mentions “The Purchaser hereby agrees to pay all amounts due and payable under this Agreement on the stipulated dates. It is hereby expressly agreed that if, for any reason whatsoever, the Purchaser fails or delays to make payment of any of the said dues within a period of fifteen days from the date of receipt of written intimation by the Promoter on the dates stipulated therefore, then in that event, the Promoter shall have an option either to terminate these presents or to accept interest from the Purchaser @ 18% per annum on such unpaid/delayed amount from the time the same became payable. If, the Promoter exercises its said option to terminate these presents on the ground mentioned above and does so terminate the same, it shall repay to the Purchaser such amounts paid to it by the Purchaser/s without interest (save and except any V.A.T., service tax or any other such levy/tax) after deducting an amount equal to 20% of the amount received from the customer plus interest as computed above, and in such an event, the Purchaser shall only have a money claim simpliciter against the Promoter for refund of all such amounts due to the Purchaser from the Promoter. The Promoter shall be fully entitled to deal with and dispose off the said Unit in such manner as the Promoter deems fit and proper without recourse or reference to the Purchaser. Further, if the Purchaser fails to comply with or contravenes the provisions of this agreement, he/she/they shall be liable to action contemplated under Section 12 of the Ownership Flats Act”.
R.V.RAO
(Expert) 12 March 2014
yes.one sided cancelling of agreements not agreeable legally.
you can file case in consumer forum for redressal.
but the clause quoted by builder for cancelling the agreement relates to payment.
so if you have accepted any fixed schedule of payment with builder,you need to check it and adhere to the same,having signed the agreement.
but if you have worded your agreement such that you accepted to pay 20% down payment and balance payable after bank loan sanction, you are legally safe.your case then gets very strong even in consumer forum.
so you need to check and comply as per the signed agreement.
