POSTED BY June 19, 2012 11:57 am COMMENTS (8)ON
I booked a residential flat through a TPA agreement (Tripartite agreement – Out of the whole land area, the builder can sell 60% and the land owner 40%). I bought the flat from the land owner, himself. I paid a booking advance of 2 lacs initially. Since I must pay 20% of the total flat cost, I paid another 4 lacs (totally 6 lacs) and entered into the TPA agreement.
When I went to sign the construction agreement, there was no clause mentioned where the builder will pay compensation to the buyer, if there are any delays in completion. When I put forward the condition to the land owner, he said that there wont be any inclusion of this clause and if Im not comfortable, I can cancel the booking and he will refund the amount (6 lacs).
When I was about to give the cancellation letter, he said that there will be a deduction of 20k for legal and documentation and he will refund only 5.8 lacs. There was no such clause mentioned anywhere in the TPA sale agreement signed between me, the landowner and the builder.
How can the seller charge me for cancellation when the issue is not created by me? All the payments made by me are through Cheques and the land owner had given receipts for the same.
How do I go about this?