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Non Completion of flats by original new developer asking for high cost


01-Feb-2023 (In Property Law)

4 of us bkd flats in Dec 2011. Agreement registered. Compln dt Dec 2012. Constrn held up for BMC clearances. After 4 years project transferred to new developer. Now all clearances received. New developer asks very high price nearly 3 times (Rs 8000/- to 20000/- psft) .He has changed internal plan of the flats. From 2 to 3 BHK. He interested in getting us out of project. The new agreement between builder and new developer done without informing us. No written communicn. Our rights not protected. What is the legal recourse? Can we file a suit (it is just more than three years from Dec 2015)?

Answers (2)

Answer #1
545 votes
YOU ALL SHOULD IMMEDIATELY INITIATE LEGAL ACTION ELSE ALL YOUR RIGHTS AS WELL AS THE INVESTMENT WILL BE UNDER SERIOUS THREATS.

THE BUILDERS IN MUMBAI ARE KNOWN FOR SUCH ARM-TWISTING TACTICS

YOU SHOULD NOT FEAR OR BE UNDER PRESSURE FOR ANY REASONS WHATSOEVER.

YOU ALL NEED TO UNITE AND FIGHT THE BUILDER

YOU ALL WILL NEED TO TAKE STRONG LEGAL ACTION AGAINST THE BUILDER SO AS HIS ARM-TWISTING STOPS AND YOU ALL GET YOUR PROMISED FLATS AT THE EARLIEST AND WITHOUT ANY MORE EXTORTION OF MONEY.

TAKE LEGAL ACTION IMMEDIATELY !
Answer #2
895 votes
You can file a Complaint in the Consumer Court against the builder you purchased the flat from. Since you've also entered into an Agreement the price should have been freezed to that, at the time of Booking, therefore there's no question of asking a higher price at this stage. Further the Developer should've asked for your NOC to change the Plan pertaining to your flat. This answer is given according and in reply to the contents your question. Further information can be given against further details.

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