[Resolved]  Lodha Group — SALE AGREEMENT VOILATION

Address:

Thane, Maharashtra

I booked a 2BHK flat for a newly launched project by Lodha builders in Thane called “Casa Univis” in December 2008.I kept paying then in the stages they had set out. The agreement was also signed with the builder in June 2009 stating possession date as December 2010 with a 6 months grace period, failing which the builder is liable to pay penalty @ 12% per annum after the grace period, until physical possession takes place...Since this project was self funded, I was told by the builders customer care that the Stamp duty & registration can be done close to possession date. I have already paid 95 % to the builder. The project as of now is delayed by 6 months from the date of grace period(3 years from booking date).The builder’s new possession date is March 31st 2012 ,& he is asking for a further grace period of 1 year.

Recently, I was told by the builder to complete the Stamp Duty & registration, for which I was asked to prepare Pay orders for Stamp duty & registration which I did very promptly. We fixed up a date for registration at the registrar’s office in Thane.

On reaching the registrar’s office, to my utter disbelief, the builder attached stamp duty receipt on a brand new agreement (which I had never seen before) with all clauses altered, the penalty clause on delayed possession removed & compelled me to sign it, for which I refused. On speaking to the builder, customer support, as to how they could pay stamp duty on a new agreement which I had neither seen nor signed, I was told that their company policy has changed & I had no choice but to accept the changes.

I refused to sign & just walked off with the new agreement which had the stamp duty paid to study it. In the meanwhile the builder’s office called me several times & insisted that I return the new agreement back to them, but I declined. On studying this agreement, I found that the builder has changed almost all clauses to his favor even mentioning that all agreements made previously becomes null & void & this agreement supersedes all commitments whatsoever in oral/written that the builder had ever made in the past. Further, he would have the right to terminate the agreement if he is unable to complete the project.

I hired a lawyer who sent him a legal notice to come forward and comply with the agreement & register the documents with clauses as per the original agreement. However, even after 8 weeks there is no response from him. On speaking to the customer support (who is the only accessible person), I was told that my case is very weak legally as my agreement is not registered.

However, I request an expert legal opinion. The original agreement was not registered, so does it make my case ineffective legally? Look forward