hi, this is rahul

Originally Posted by rkumar3

To whomsoever it may concern

My name is Rahul Kumar residing in New Delhi, working in MNC and booked a 2BHK flat with builder by the name KDP Infrastructure Pvt. Ltd. under their project KDP Grand Savana in Raj Nagar Extension (Gaziabad) UP on 6th March’09 towards Construction link plan.

At the time of booking builder took Rs. 2, 00,000 as down payment and assured remaining balance to be financed by Axis bank with whom they have a tie up. The possession was promised to be given in Sep’2010 but no legal documents (Agreement) were signed ever.

Please note at the time of registration I made clear to the builder of my liability of Rs. 3, 50,000 as a Personal Loans with banks but they said it will not be a problem.

After few months, I was asked by above builder that bank has sanctioned the loan amount of appox. (Rs. 13lacs) but it will be disbursed only when I clear my personal loan liabilities.

As it was tough for me to clear the liabilities in full immediately I borrowed some time and cleared Rs. 1lac on 14th Nov’09.

But after another couple of months builder started giving me calls to pay them around Rs. 4, 46,135 ASAP.

They started putting pressure on me to pay them the above said amount or else my flat registration would be cancelled and down payment of Rs. 2lacs be forfeited.

On 13th March’2010 they transferred my Flat from M block to N block suggesting that N block would take time to be constructed.

After some time they sent me the letter mentioning due to failure to pay the amount my flat has been cancelled and down payment has been forfeited.

I have gone to their office many times requesting them to wait till Dec’10 as I am going to get married and thereupon the credibility shall get increased. Or else return the down payment.

Strangely, after 1 month I found an envelope of KDP lying at my stair case with cheque inside of Rs. 1, 00,000 as a full and final settlement without me knowing and mentioned that remaining Rs. 1, 00,000 has been forfeited.

Note: - In Sep’10 I went to Raj Nagar extension to see the progress and was shocked that it would easily take another 2 and half years to complete the project and allot the flats. Whereas they promised to give the allotment in Sep’2010.

I do not understand:-

1) At the time of registration when I declared of my liabilities why did they book a flat on my name if they knew that liabilities would be asked to be cleared in the near future?
2) Why the Agreement was not signed?
3) They failed to give the possession in Sep’10 as promised?
4) Are they authorized to do the full & final settlement on their own?
5) Are they allowed to forfeit the amount?


I seek justice and a kind help in showing me the correct way as they have no right to forfeit my hard earned money.

Please let me know if I can go to consumer court and go ahead with legal proceedings against this builder and what best can be done to get the forfeited money back.

Please call me back on 9311601894, 9654508690 or reply through e-mail and show me the correct path. Also, acknowledge when this query would be included in your show.

Thanking you in anticipation.

REGARDS
RAHUL KUMAR
9311601894
9654508690
9990605652