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bhavesh (CEO)     11 September 2014

Threat of cancellation of flat by builder

i had booked a residential flat in a multistorey tower in 2009,for approx 60 lacs to be paid in instalments.builder gave a allotment letter which incl the cost of the flat ,the carpet area of the flat and the payment schedule. builder further gave a letter that possession would be given by jun 2013, failing which he will give 9% interest .he has not finished the project even now i hav paid 81% of the flat cost. Now he is demanding more money which is not as per the payment schedule ,he was to complete the RCC work including all slabs first,due to not getting cc for upper floors he started brick work and plaster without completing the upper floors.i told him to complete the upper floor RCC WORK first ,and take payment as per payment schedule.On his insistence i agreed to pay this amount also but insisted that he commit the new date by which he will complete the building and hand over possession of the  flat.Builder refused to commit the date of possession but threatened to cancel the flat allotment if i did not make the payment. THE FLAT HAS NOT BEEN REGISTERED .Can the builder after 5 yrs waiting and 81 % payment cancel the allotment on the ground of nonpayment of dues?what should i do ?

 



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 September 2014

Obtain work completion certificate for your 81% work done. If he threatens send a legal notice and file a case against builder in consumer forums with the certificates as evidence.

Kishor Hajare (Advocate)     12 September 2014

Sir,

Primarily, it is beyond the stretch of imagination that, you have paid more than 80% amount of the flat irrespective of non-registration of agreement with you by the builder. It is mandatory upon the builder that, on receiving of 20% of the consideration of Flat from the prospective purchaser, the builder have to execute and register the Agreement for the flat, but in your case, it is not followed. 

Secondly, the builder has only provided you the Allotment letter and if i am not mistaken, that allotment must have been subject to the payment of balance amount and execution and registration of Agreement. There must have been the clause stating the builder reserves his right to cancel the said allotment upon your failure to abide terms and conditions. The builder has not entered into Agreement with you, which necessarily creates your right, title and interest in the legal arena and also to be be considered as evidence.

This is serious issue. To throw more light and clarity, Allotment letter must be perused and thereupon proper advice will be given.

Regards

Adv.Kishor Hajare

9930647734. 


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