Cancellation of purchase agreement - help required

Dear Ms.Shweta, 

Serve the builder a legal notice - expressing how the real apartment is different from the one that he promised - and ask for a cancellation. If he refuses to do so. We can obviously go to the court - rescinding the contract as the same can be avoided on the grounds of misrepresentation and fraud. 

Hi,

 U cancellation your booking and if builder is not agree with u, u can give a notice for that and u can file a suit in consumer court for that. 

If you serve a notice and if there is no positive response, you may have to file a suit for rescinding the contract.  The problem is you have paid 100% sale price already which will be locked in during the pendency of the case.  Alternatively as you willing to bear some loss, you can ask the builder to arrange for another party and make adjustments to transfer the property to new buyer.  This may be possible because there are two positive points in your favour.  All other co-purchasers accepted the property.  That means the property is not that bad but it is not suitable to your requirements/taste etc.  The second is since you are even willing to forego some amount, the prospective buyer can take this advatange and also the advantage of cost esclanation of the property.  Have a dialogue with the builder to find out alternative buyer.  If this is not possible only way is to take legal recourse initially serving a notice.  If the builder is renowned, he would help you in finding alternative buyer.
 

Going to the consumer court will be better than going to Civil Court. You may have to file your complaint before the District Forum, the State Commission or the National Commission depending on the value of your claim. " All other co-purchasers accepted the property. That means the property is not that bad but it is not suitable to your requirements/taste etc" This is the standard excuse for all dealers and sellers of things. They take advantage of this argument because the awareness of consumer rights is very poor in this country. You will only weaken your case if you give space to that argument. Also you will suffer heavy loss when you try to sell to another purchaser. If that was possible the builder himself can repurchase the property from you. Before you resort to legal remedy get the quality of the property assessed by a qualified architect and get an assessment certificate from him to be produced in the court. If you try to do this after filing the case, the builder may play some make-up tricks.