Consumer Court
I booked of a 2BHK flat in a construction linked group housing project of a builder (BPTP) in Faridabad. The builder allotted me a flat which I did not applied for and which has a higher cost than the Basic Sales Price I agreed. A brief of the problem is as follows:
* In July 2008, I booked a 3rd floor flat at a Basic Sales Price (BSP) of Rs. 19.85 Lacs in the said project. In this project, the BSP of third floor flat is Rs. 19.85 Lacs whereas for ground/first/ second floor flats it is Rs. 22.85 Lacs. Third floor flat also has terrace usage rights for which builder is charging PLC.
* The application for booking did not have any clause that the allotment will be through draw. After the booking were made, the BUILDER vied letter sent in Sept 2008 raised demand for completion of 20 % of BSP and stated that the company shall make allotment of flats through computerized draw of lots. The BUILDER further stated that “in case number of applicants for any floor are more than the available flats on that floor, in that eventuality the applicant may not get allotted the flat on the floor opted by them then they may be allotted the flat on other floor, subject to availability”.
· The BUILDER vied letter dated 17 Dec 2008 informed me that company has allotted flat and asked to make payment for next installment of 10 % of BSP. Three days later, the BUILDER revised the demand to higher amount. When I contacted the BUILDER, they told me verbally that I have been allotted with a ground floor flat and hence the amount is higher as it has higher BSP.
* I did not accept the ground floor flat allotted by the builder and requested the BUILDER to make allotment as per my application, and informed the builder that I will not make further payments unless allotment
of flat is as per my application. I made numerous requests to the builder (BPTP) for correcting the allotment as per my application, but builder did not respond to any of my request and kept on raising subsequent installment demands.
* After more than one year, due failure of builder to allot me flat as per my application, I informed the BUILDER of withdrawing my application and thereby
canceling my booking. In August 2009, I requested BPTP to refund the amount I paid toward booking and completing 20% of the BSP. The builder did not respond to this and all subsequent letters written to BPTP in the first week of Dec 2009 and Jan 2010.
* I haven’t signed any formal agreement with the builder, which was to be signed after allotment only. However, the application for allotment contained tentative terms to be included in the agreement and they are one sided only.
May I request you to please advise me on the following:
- With the above failure an highhandedness of the builder, whether, I can the approach Consumer Court for getting refund from the Builder of not.
- How to approach the consumer court;
An early response will be appreciated, and Thanking you,
Suresh Kumar
