I purchased a flat from a builder on cash down payment. At the time of taking possession of the flat, it was fully constructed except the wooden doors and windows. On assurance of the builder I signed an agreement showing handing over of a flat with wooden doors and windows. Despite assurances, the builder has not provided the flat with wooden doors and windows till date.

Last week, when I approached him to get the work done, he refused to do it and told me that he has already handed over possession of a complete flat and has documentary proof thereof. This has caused me tremendous mental agony and stress as on papers whatever the builder is saying is correct. Please advice whether in view of the aforesaid facts do I have a case in my favour?

-- A K Pandit, Bhopal

You do have a case but whether it is worth taking to the civil courts can be advised only after examining in detail, all the relevant documents. Prima facie, it seems to be a difficult case but not an impossible one. At this stage and on the basis of the given facts, I can only advise you to consult a lawyer immediately with all the documents. There is no need to be disheartened just because the document is against you. In case where a document is contrary to the true facts, one can make out a case on the basis of other evidence.

In 1995, I was allotted a MIG Flat in a scheme of Ghaziabad Development Authority (GDA). I deposited the first installment according to the payment schedule set out in the brochure containing details of the scheme. However, due to unexpected financial losses, I could not deposit the second installment and requested the GDA for extension of time. On May 20, 1997, I received a letter from the GDA stating that my allotment stands cancelled. Please advise me what I do to get my allotment back?

-- Rajiv Mehrotra, Delhi

In your letter, you have not disclosed as to whether you were granted any extension of time to deposit the second installment by the GDA and whether you did deposit any amount in respect of the second installment. If you have not made any payment in accordance with the payment schedule set out in the brochure despite being granted extension of time, cancellation of your allotment by the GDA is perfectly legal and valid. However, if you have paid the installment after being granted the extension of time within the time stipulated by the GDA, then you have a case and can move the appropriate court/forum seeking remedy for your grievance. Please get back with the necessary facts and/or consult a lawyer.

As a sportswoman, I have played at the national and international level, The government of the state in which I live advertised a housing scheme recently. As per the scheme, 1 per cent of the flats were reserved for sportsmen who had won a medal at the international level. I have won three international level medals. So I applied under the reserved category, but was not allotted a flat. I am sure that there was no applicant other than me in the sports persons' category. The 1 per cent quota has now been passed on to people in the general category. Can I do something about this?

-- A Sportswoman, Bangalore

If you fulfilled the qualification for allotment, it is quite strange that a flat was not allotted to you. The reserved quota of 1 per cent can be passed on to the general category only in the eventuality of there being no eligible applicant in the reserved category. But before you take any action against the authorities, you must try and ascertain the facts. You should file a representation without any further delay and seek to know the reason for non-allotment. If there is no convincing answer from the government, you can knock the doors of the court. For that purpose, you can contact a lawyer and seek an expert opinion with your documents and papers.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.