Relief for home buyer after booking was cancelled by developer
A flat purchaser, whose booking in Oberoi Splendor at Andheri (East) had been cancelled by the developer following steep rise in realty price, was provided relief by the Bombay high court.mumbai Updated: Mar 11, 2012 01:40 IST
A flat purchaser, whose booking in Oberoi Splendor at Andheri (East) had been cancelled by the developer following steep rise in realty price, was provided relief by the Bombay high court.
Justice SJ Vazifdar has now directed the developer, Oberoi Constructions Ltd, to reserve a flat similar to the one booked by the flat purchaser, Saraswati Gupta, who later sold the booked flat to Jagdishbhai Patel. The court has also restrained the builder from disposing of the identified flat or creating any third party rights in it.
Gupta had booked a 3-BHK flat in Oberoi Splendour in September 2006 for Rs 80.72 lakh and had paid Rs24 lakh towards booking price and first few installments. In July 2007, she decided to transfer the booked flat in favour of Patel for Rs 96.14 lakh.
Though the developer agreed to transfer the booking in Patel’s name, they cancelled the booking altogether in November 2011, at a time when the price of the same flat had gone up to Rs 2 crore. Within a fortnight of cancelling Gupta’s booking, the developer sold the same flat to a third person for Rs 1.96 crore.
Justice Vazifdar found the termination was prima-facie unjustified in view of the fact that Patel had never refused to pay any installment as stipulated in the agreement between the developer and Gupta.
Patel’s counsel Yatin Shah said the developer has accordingly reserved a flat and intimated the solicitors, as directed by the court.