Legal Question in Real Estate Law in

Sir, I booked a residential flat in Tulip Orange in Gurgaon being constructed by M/s Tullip Infrastructure Pvt. Ltd., Connaught Place, New Delhi and deposit an amount of Rs.2.5 lakhs. (vide Receipt, dated 9.5.2009. and paid the second installment amounting to Rs. 2.48 lakhs vide receipt dated 30.8.2009. After that I was allotted flat No. B1/101 by this Company. The Company sent me two copies of agreement for signature. I was surprised to read in th agreement that the agriculturist -Shri Roshan Lal, the owner of the land entered into agreement with M/s Tulip Infrastructure Pvt. Ltd. on 30th June, 2009 and aafter that they get th approval of Director, Town & Planning, Chandigarh for development of site and constn. of a flats under Group Housing Scheme. I could not sign the agreement since my husband was not in Delhi.. we received the demand letter for depositing two more installment, allotment letter. According to schedule of payment plan third installment has to be paid on start of excavation work and fourth installment has to be paid on stat of ground floor roof slab. I alongwith my husband visited the site after receipt of these demand letters and surprised to see that excavation work was started for Block B in which my flat was booked. Than I was hospitaled for a long period. Then I received a letter from the company regarding levying of Service Tax. I alongwith my daughter went to the Tulip Office in the last week of August, 2010 and met the concerned persons. I was shocked to to listen from them that they have cancelled my flat and hand over me a copy of that letter where it is stated that they have cancelled the flat and forfeited our five lakhs rupees. However, they were insisting me to wrte a letter for refund of deposited with them. I requested them to grant me one week time to deposit the two instilments with interest which they did not agree. and also insulted us. After that I sent them so many emails but now they are not replying. It i I don't know whether they can cancell the allotment without any notice.


Asked on 9/18/10, 8:32 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

On the basis of facts disclosed, the company could not have cancelled the flat and forfeited the money. They were under obligation to issue show cause notice to you or give you an opportunity to make good the payment. In any event, in may 2009 at the time of receiving the booking amount they were not even the owner of the land under the project. You may tender the instalment and if they do not accept, your best bet is to file a criminal complaint for doing pre launch booking which is against the supreme court directions and further for making them unjust enriched. You may also write to the competition tribunal at Shahjahan Road for the Unfair Trade Practice of the company.

Vishwa Arya

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Answered on 9/18/10, 9:17 am


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