Wrong flat number in flat agreement

A

adaneam

Adept
Guys,
Today morning I did flat agreement for a new flat in Pune. By mistake, I overlooked the flat number which was wrong. When I went to collect agreement documents at builder's office I noticed that the flat number is wrong. I brought it to their notice. I was told that it would be corrected within a day.
I received a call from builder's office 3-4 hours later. They told me that I have two options -
1. Keep the flat that is now registered (which I do not want)
2. Cancel the agreement. Govt will charge 20% of stamp duty, VAT and service tax. We do the agreement for the correct flat. But here builders says he cannot sell the wrongly booked flat for another six months!

What are my options, considering it's only 8-9 hours since the agreement was done? Is there a way to just correct the flat number in original agreement?
 
Last edited:
Well my mistake was I overlooked flat number while signing during registration. :banghead: Any other advice?
Is it true that once registration for a flat is cancelled, it cannot be re-registered for next 6 months?
 
Who prepared the agreement?
Do you have email communication from the builder saying that they will correct the flat number?
PM me details - Which builder and which project.
 
Don't know why the builder is making a fuss. It should be a simple matter of cancelling the old allotment letter and issuing a new one.
 
Well the builder says he won't be able to sell/re-register the wrongly registers flat for next 6 months if we cancel the agreement.
 
I don`t think its your part of error, builder from Pune are worst.

You need some documentation (quotation/proposal) which you were given before finalizing the flat. The document shall have flat mentioned or marked in layout.

Collect all documents and visit a lawyer.

In case you have no documentation, go for cancellation, 20% is nothing compared to life time regret.
 
Well builder has not YET forced me honor the wrong agreement yet. I am going to tell him tomorrow that I do NOT want the wrongly registered (which costs Rs. 100 per sq. ft. less than the one I had booked). I have the 20% payment slips with revenue stamps etc for the flat I wanted.
 
Last edited:
Is the agreement registered at registration office or its just a agreement of sale on stamp paper, it should be changeable. We have had corrections done in my cousins agreement after the builder misplaced a cheque and a new cheque had to be issued. They replaced the whole page. Even if its registered, it should still be changeable.
 
adaneam said:
I received a call from builder's office 3-4 hours later. They told me that I have two options -
1. Keep the flat that is now registered (which I do not want)
2. Cancel the agreement. Govt will charge 20% of stamp duty, VAT and service tax. We do the agreement for the correct flat. But here builders says he cannot sell the wrongly booked flat for another six months!
Click to expand...
I'd check the underlined bit asking somebody other than the builder.
 
adaneam said:
Well builder has not YET forced me honor the wrong agreement yet. I am going to tell him tomorrow that I do want the wrongly registered (which costs Rs. 100 per sq. ft. less than the one I had booked). I have the 20% payment slips with revenue stamps etc for the flat I wanted.
Click to expand...

I am confused over here, are you opting for the wrongly selected flat ?
 
typo. I do NOT want the wrongly registered flat. Talked with them again. things are a bit clear now.
If we cancel the agreement, govt. will take 8-12 months to refund the stamp duty etc (3,20,000) after deducting 20% charges (around 65k).
He says he cannot wait 8-12 months for ME to get the refund so that I can pay for the registration of correct flat.
He said if I can arrange 3.2 lakh now we can do the registration for correct flat (not feasible at all).
I told him builder should pay this amount now. I will pay when I get refund. They said not possible.

They even offered to reduce the rate by Rs. 40 if I honor the agreement.
I'm thinking about cancelling the whole deal. Question is will they accept to bear the 20% cancellation charges.[DOUBLEPOST=1382517871][/DOUBLEPOST]
asingh said:
How much will the 20% stamp duty amount too.?
Click to expand...
around 65k
 
adaneam said:
typo. I do NOT want the wrongly registered flat. Talked with them again. things are a bit clear now.
If we cancel the agreement, govt. will take 8-12 months to refund the stamp duty etc (3,20,000) after deducting 20% charges (around 65k).
He says he cannot wait 8-12 months for ME to get the refund so that I can pay for the registration of correct flat.
He said if I can arrange 3.2 lakh now we can do the registration for correct flat (not feasible at all).
I told him builder should pay this amount now. I will pay when I get refund. They said not possible.

They even offered to reduce the rate by Rs. 40 if I honor the agreement.
I'm thinking about cancelling the whole deal. Question is will they accept to bear the 20% cancellation charges.[DOUBLEPOST=1382517871][/DOUBLEPOST]
around 65k
Click to expand...

Dude, get a lawyer !
Certainly looks fishy to me. Show the lawyer 20% receipts, he will guide you to all available options (which i don`t think will be given here).
 
adaneam said:
typo. I do NOT want the wrongly registered flat. Talked with them again. things are a bit clear now.
If we cancel the agreement, govt. will take 8-12 months to refund the stamp duty etc (3,20,000) after deducting 20% charges (around 65k).
He says he cannot wait 8-12 months for ME to get the refund so that I can pay for the registration of correct flat.
He said if I can arrange 3.2 lakh now we can do the registration for correct flat (not feasible at all).
I told him builder should pay this amount now. I will pay when I get refund. They said not possible.

They even offered to reduce the rate by Rs. 40 if I honor the agreement.
I'm thinking about cancelling the whole deal. Question is will they accept to bear the 20% cancellation charges.[DOUBLEPOST=1382517871][/DOUBLEPOST]
around 65k
Click to expand...
Why are you not disclosing the scheme name and builders name. The reason people ask this is many builders carry certain reputation and this information will only help you.
I have recently gone through all this flat purchase procedures in March 13. I know its not at all possible from a builders side for such a goof up. Just open your agreement and check how many places will one have to make a mistake in flat no that will go unnoticed.

Your only option if I was you: If you really want the flat which you had booked then ask the builder to bear all the overhead costs. At the max tell him that you can sign a MOU on a Rs100 bond paper which explains that for now the builder will pay the reg charges of 3.2L for your correct flat and when you get a refund you will pay the builder the said amount. To add to that the builder may even hold possession of the flat untill the amount is not refunded.
One cant do anything more than that when he is not at fault.
To this if the builder agrees means he is atleast making an effort of a fair deal. If not clearly means his intentions are not right. So in that case only option is approach him legally.
Such issues are not new specially if you are not a Maharashtrian. I see builders goofing up with customers all the time knowingly that the customers will give in to their demands.
 
Typically the receipts that you have received against the initial payments should have the original flat number on them. That should help matters in case you go to court since now the builder is not giving you the house against which he has already taken the payment.
 
Back
Top