Date: 29 August 2009,
Sir,
I booked of a 2BHK flat in Park Floor project of BPTP in Faridabad. It is low rise project having Ground + 3 floors. A brief of the problem is as follows:
• On 31/7/2008, I booked a 3rd floor flat at a Basic Sales Price (BSP) of Rs. 19.85 Lacs in the “Park Floors” group housing project of BPTP. In this project the BSP of ground/first/second floor flats is Rs. 22.85 Lacs whereas the BSP of third floor is Rs. 19.85 Lacs. Third floor also has terrace usage rights for which builder is charging PLC.
• The application for booking did not have any clause that the allotment will be through draw. BPTP vide letter dated 18 Sept 2008 raised demand for completion of 20 % of BSP and stated that the company shall make allotment of flats through computerized draw of lots. BPTP further stated that “in case number of applicants for any floor are more than the available flats on that floor, in that eventuality the applicant may not get allotted the flat on the floor opted by them then they may be allotted the flat on other floor, subject to availability”.
• BPTP vide letter dated 17 Dec 2008 informed me that company has allotted flat and asked to complete 30% BSP. Few days later, BPTP revised the demanded amount to higher value to. When contacted BPTP official told me verbally that I have been allotted with a ground floor flat having BSP higher by 3 Lacs.
• I did not accept the ground floor flat as allotted and requested BPTP to make allotment as per my application, and stopped making further payments due incorrect allotment and higher price. I made numerous requests to BPTP for allotment as per my application and several time I met their officials but BPTP did not respond to any of my letter. BPTP could not make allotment as per my application.
• After more than one year of, due failure of builder to allot me flat as per my application, I informed BPTP of withdrawing my application for allotment and thereby canceling my booking.
Despite my repeated request BPTP could not allot flat according to my application for booking and now, BPTP is not refunding the amount I paid for the booking i.e. Rs. 4.0 Lakhs. May I request you to please advise me what legal or other remedies I have to get refund of my money from the BPTP. I haven’t signed any formal agreement, though, I signed application for allotment which contained tentative terms to be included in the agreement and they are one sided only.
Thanking you,
Suresh Kumar Was this information helpful? | 
• The Basic Sales Price (BSP) of the flat I is Rs. 19, 85, 000.00 (Rs. Nineteen Lacs Eighty Five thousands only) for 3rd floor flat (with terrace usage rights for which builder is charging PLC). The project has G+ 3 floors and the BSP of Ground, first and second are different (higher) than that of 3rd floor as mention above.
• Subsequent to booking, BPTP while raising demand for completion of 20 % also stated that flats will be allotted through computerized draw and that the applicant if do not get the floor opted by him may be allotted the flat on another floor. The booking application of BPTP did not have any clause indicating that allotment will be through draw.
• BPTP allotted a ground floor flat to me whose BSP itself is more by Rs 3 Lacs and total cost will be higher by Rs 5.25 Lacs than the flat I have booked.
• I did not accept the flat allotted to me and requested BPTP to make allotment to me as per my Application and I stopped making further payments, since the flat I had booked has lower BSP then the one they allotted me. BPTP says that they do not have any flats ( as per my application) and they are also refusing to refund 20 % (Rs 4 Lacs) amount I had paid toward booking & completing 20 % of the BSP.
May I request you to please advise me whether I have any option/remedies, legal (through consumer complaints), to get my money refund from the BPTP. Kindly help me by giving an appropriate advice.
Thanking you,
S K Sharma,