NON ISSUANCE OF LETTER OF ALLOTMENT OF FLAT NOR AGREEMENT
DILIP SHAH
(Querist) 24 February 2010
This query is : Resolved
Dear Sir,
Re: NON ISSUANCE OF LETTER OF NEITHER ALLOTMENT OF FLAT NOR EXECUTION OF AGREEMENT OF SALE AND TRANSFER TILL DATE
I had paid full purchase price of flat to the Builder for purchase of flat in Mumbai in the month of July, 2009.
The construction work is going on in full swing and is completed almost 50%. The expected month of possession is said to be in Dec. 2010.
The Builder has not yet issued any Letter of Allotment to the effect of purchase of a specific flat nor is Agreement for Sale and Transfer executed.
I had sent many emails to him for the Specific Performance but no response till date. However, I am holding all the Payment Receipts for the amounts paid.
I am at a loss to know as to what are the remedial measures available without approaching the Court of Law as I cannot afford the legal expenses.
I am clinically ill and retired senior citizen aged 65 years with lot many responsibilities to shoulder.
Is there any provision in MOFA Act that if I have paid 20 % of the cost of flat, the Builder is supposed to execute the Agreement for Sale and Transfer instantly? In my case, I have already paid full purchase price of my flat.
Your guidance will go a long way as I am staying in a rented house at present with my family with a disturbed monthly domestic budget.
Sir, I await your reply,
Sincerely yours,
Dilip Shah
Raj Kumar Makkad
(Expert) 24 February 2010
Dilip Shah ji!
I have full sympathy with you. Why did you pay the entire purchase money to the builder even without getting allotment of flat? Why didn't you took the opinion of such legal experts before depositing the money, whose you are seeking now and more amazing, you are even not ready to go to litigation.
You have just receipts of the deposit in your possession but no document is in your possession desiring even sale by the builder so you entire matter is under high risk. You try your all sources to persuade the builder to at least allot you flat and certify that the entire payment in advance against the aforesaid flat has already been received by him and nothing remains due towards you. He should also be forced to write that he shall deliver you the possession of the aforesaid flat on or before a particular date.
