Legal Question in Real Estate Law in India

BHARTIYA CITY - NIKOO HOMES - MALPRACTICE

I have booked one flat in Bhartiya City project in Bangalore. I have given 2.5 Lakh cash for booking and they are asking me to give 25% of total sale value in advance without processing my SA. They do not want any banks involvement in this transaction. Here my problem is, if I give 25 % without loan amount then I can not ask bank for 80 % loan amount+ during possession there will be some miscellaneous charges which could not be accommodated in Loan amount. And moreover they are not processing SA at the time of submitting 25 % of total sale value.. They say it takes 7-10 days for processing SA.

Here my question is - 1. Why they do not want to involve banks for this transaction initially.

2. Without processing SA, why should I give 25 % of amount?

3. Suppose if I am not getting proper document while paying 25 % amount and my bank is ready with my sanctioned loan so in case of cancellation why am I liable for cancellation charges as Bhartiya is not able to provide me the necessary documents.

4. If they are getting their money then why are they bothered who is paying what amount, if bank is ready to provide help with some amount. Bhartiya is getting their money so what is the problem? The message which we are getting is, they do not want to be transparent with government regarding this transaction otherwise they would have accepted this deal if they get their money irrespective of thinking whether bank is involved or not.

5. Shall I challenge this in consumer court, as I cannot tolerate this wrong practice, and do not want others to fall in this trap.

I strongly feel that there is something wrong in this DEAL, where no banks involvement is happening during 25 % of amount submission. If they are getting money then what is there problem if Banks is helping us in paying some amount of 25 % amount, as it is approved by government also.

Why they can not take deviation instead of forcing customer to cancel the deal and deducting 1 % of amount of Total Sale Value which will be around 50 K.

Please help I am worried as my loan is already sanctioned and I have arranged everything but due to their mysterious behaviour I want to go for cancellation and want to let others know about this malpractice which they are doing.

Since begining they have misguided and they say that in application form it is written clearly that you have to pay 25 % but it is not mentioned there that they will not provide any legal document at the time of payment. It is like their WIN and Customer's Loss situation. Banks has also clearly suggested that their past record is bad so do not go without documentation. Please help I am in great need..

Mail Id- [email protected]


Asked on 4/19/13, 11:15 am

2 Answers from Attorneys
uttam Tibrewal

Sir ..

as per post made in law guru it seems some wrong intention of the seller so do not be traped... yes you can go to consumer court for the same and do envolve bank for you safeguard..

for any query do reply back me at [email protected]

with reagrds

Uttam

Adv

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Answered on 4/20/13, 4:41 am
Fca Prashant Chavan Expert Edge LLP

20.04.2013

Dear Sir / Madam,

You should insist on the Agreement for Sale from the Developer and if and only if the Developer is willing to give you the SA, then you should proceed with the payment. Otherwise, it is not worth paying 25% without any Agreement.

Regards,

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Answered on 4/20/13, 5:52 am


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