Legal Question in Real Estate Law in India

Dear Sir,

I booked a builder flat in Gurgaon by giving booking amount. They just gave me a receipt mentioning flat number and payment details of booking amount. I asked them to issue me allotment letter but they are saying that they don't issue any allotment letter. They just mention alloted flat number in the receipt only. Moreover they are now demanding 7.5% amount as a second payment. I told them that I have no purchase proof of this flat except booking amount receipt and I will give this payment after they do agreement with me or issue me a allotment letter. They said that their is no relation between payment and agreement and I have to give demanded payment regularly.

Now, I am asking you that is it ok?
Can I force them to give me allotment letter as a buyer right?
Can I defer payment till they issue me allotment letter or agreement?
Is allotment and agreement letter must be on stamp paper?
What are my legal rights and what document I must have when purcahsing flat from builder?
I would highly appriciate if you answer all my questions.

Thanks in Advance,
Pardeep Sehrawat

Asked on 9/08/09, 5:36 am

Shrichand Nahar S.V.Nahar, Advocate

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A builder can not take money for flat without a written and registered agreement.

If the builder is refusing to execute and register an agreement, approach consumer forum.

Answered on 9/08/09, 6:08 am

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