CASA Univis - Lodha Group
I booked a 2BHK flat for a newly launched project by Lodha
builders in Thane called “Casa Univis” in December 2008.I kept paying then in
the stages they had set out. The agreement was also signed with the builder in
June 2009 stating possession date as December 2010 with a 6 months grace
period, failing which the builder is liable to pay penalty @ 12% per annum
after the grace period, until physical possession takes place...Since this
project was self funded, I was told by the builders customer care that the
Stamp duty & registration can be done close to possession date. I have
already paid 95 % to the builder. The project as of now is delayed by 6 months
from the date of grace period(3 years from booking date).The builder’s new
possession date is March 31st 2012
,& he is asking for a further grace period of 1 year.
Recently, I was told by the builder to complete the Stamp
Duty & registration, for which I was asked to prepare Pay orders for Stamp
duty & registration which I did very promptly. We fixed up a date for
registration at the registrar’s office in Thane.
On reaching the registrar’s office, to my utter disbelief,
the builder attached stamp duty receipt on a brand new agreement (which I had
never seen before) with all clauses altered, the penalty clause on delayed
possession removed & compelled me to sign it, for which I refused. On
speaking to the builder, customer support, as to how they could pay stamp duty
on a new agreement which I had neither seen nor signed, I was told that their
company policy has changed & I had no choice but to accept the changes.
I refused to sign & just walked off with the new
agreement which had the stamp duty paid to study it. In the meanwhile the
builder’s office called me several times & insisted that I return the new agreement
back to them, but I declined. On studying this agreement, I found that the
builder has changed almost all clauses to his favor even mentioning that all
agreements made previously becomes null & void & this agreement
supersedes all commitments whatsoever in oral/written that the builder had ever
made in the past. Further, he would have the right to terminate the agreement
if he is unable to complete the project.
I approached a lawyer who sent him a legal notice to come forward
and comply with the agreement & register the documents with clauses as per
the original agreement. However, even after 8 weeks there is no response from
him. Finally after a lot of follow up there was a respose from their lawyer who refuted all the charges & even went on to comment that the builder does not acknowledge signing any agreement with me in June 2009.He has asked for a proof of the agreement,which I very promptly sent him.
Can you imagine my plight,having paid 95% to this REPUTED builder & this is what I get to read.In any case,I have dediced to proceed legally in this case & am sure that the law will give me justice & punish the guilty.
However,I would like to warn unsuspecting buyers against this REPUTED builder.