Q: I have booked a flat during Feb'14 and paid Rs.1,00,000 as advance. I was given a draft copy of both sale and construction agreement. The agreements are fully favourable to the builder and it does not talk about the penalty for late construction. But the builder has cleverly included the penalty for late payment from buyer side and it is charged at interest 24% per annum. Also the contructions agreement has only the saleable area. So I asked the builder to include both carpet area and the clause for delay in construction which he denied and said that he will not make any change in the agreement and would provide both clauses in a letter head. Is this OK? Can I accept letter head?
If I don't accept, can the builder be allowed to sell the flat booked by me to others?
I had entered into sale and conston agreement during the month of Apr'14. After that, I applied for a home loan at LIC HFL. First disbment was made on 30th May'14 ,12.3 lakhs. I called up the builder and told him that I want to complete the registration by July. Builder had agreed and he told that the guide line value has been increased from Rs.1300 per sq.ft to 1450 per sq.ft so he wants to make changes in the Sale deed for which I agreed. He then forwarded the draft of registration document to me. In that draft, I found that the Vendor name has been changed and it is nothing but one of the employee of Builder. When I enquired, the builder told that they have transferred the signing authority to this person after board meeting which was held on 16th June. Hence, this person will be signing in registration documents on behalf of the builder. Is this OK. General power of attorney exists between owner and the builder which was executed in the month of May'14.
The builder sent an email today saying that he will not make any changes in the agreement. What can I do next? Go to court? He is also not picking up my phone calls
Hello David, You should ask builder to give written agreement with stamp whatevet demands you want. You should always keep a proof. If you have given the token money and have receipt for that the builder cannot sell your property, but if you are donot have a receipt then he can sell that property to anyone.
If the builder is not giving you written agreement, you can invest that money to some other good project.