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REALTY / NON ISSUANCE OF LETTER OF NEITHER ALLOTMENT OF FLAT NOR EXECUTION OF AGREEMENT OF SALE AND TRANSFER TILL DATE

1 India

I had paid full purchase price of flat to the Builder for purchase of flat in Mumbai in the month of July, 2009. The construction work is going on in full swing and is completed almost 50%. The expected month of possession is said to be in Dec. 2010.

The Builder has not yet issued any Letter of Allotment to the effect of purchase of a specific flat nor is Agreement for Sale and Transfer executed. I had sent many emails to him for the Specific Performance but no response till date. However, I am holding all the Payment Receipts for the amounts paid as also it is indicated that the amount so paid, is towards flat booking in the proposed project.

I am at a loss to know as to what are the remedial measures available without approaching the Court of Law as I cannot afford the legal expenses. I am clinically ill and retired senior citizen aged 65 years with lot many responsibilities to shoulder.

Is there any provision under the Rules and Regulations of Maharashtra Ownership Flats (Regulations of the Promotion of Construction sale, Management and Transfer ) Act, 1963, (MOFA) that if I have paid 20 % of the cost of flat, the Builder is supposed to execute the Agreement for Sale and Transfer instantly? In my case, I have already paid full purchase price of my flat.

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