I booked a 2BHK flat for a newly launched project by Lodha builders in Thane called “Casa Univis” in December. I kept paying then in the stages they had set out. The agreement was also signed with the builder in June stating possession date as December 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 & 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
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