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Samad Khan (TSM)     27 January 2013

Builder's unjustice

I am writing to see experts opinion

Purchasing a unit in under construction apartment where 90% of the apartment cost has been paid to the builder 

1) Can builder cancel the allottment on unilateral grounds because he is demanding more money not agreed in the agreement to sell. We got escalation clause removed in the initial stages itself.

2) I bought two units to merge in to one. In agreement to sell it is mentioned that cost of merger will be borne by the allottee; however in subsequent communication from the builder it was mentioned that it will be done free of cost. Alloteed who choose to merge two unit were given plan option to choose from. I had choosen one plan and in addition, iI have requested few other modification, but now builder is asking me to pay for the plan I have choosen because it is different from standard apartment configuration if bought individually. He is charging me exorbitant price that is almost 10% of the actual apartment cost.

3) As per Property Act I have read, Builder should register the property, but in my case it was only sale agreement done.

I am seeking opinion from experts what Options do I have in front of me

 

Regards

Samad Khan



Learning

 1 Replies

damkondwarji (properitor)     27 January 2013

dear sir,

we have booked flat in 2009, we paid up to 6th slab payment from our side . after that loan sanction has delayed by 16 month up to today now loan sanctioned and we paid full payment ,flat was in name of my father and me my father expired 0n 19th jauly so before 3 months and next three months we were in imotional shock, builder has not spoken single time for intrest and not charged month to month basis also. now when loan passed i am paying them payment they are giving letter of 3 lacs intrest, how can i accept this just for due amt 6 lacs i have to pay 3 lacs intrest with rate of 24%? last payments are correct , first payment correct and last payment also correct, pls suggest me what to do?


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