Recovery of scrapped category in upcomming project

5 years ago

Sir,
I, as an ex-service man had opted for AFNHB (Airforce Naval housing Board) Mysore upcoming project in 2013. There were four option of type of flats in which I had opted for B1 type with an expense of Rs. 42 lakh approx. They had allotted in my name and I had taken a loan form HDFC Ltd. Up to Oct 2017 I have deposited approx. amount of Rs. 30 lakh in Five installments. On Oct 2017, AFNHB, noting that the subscription was lower than 40% of their expectation, has decided to scrap B1 type of buildings in the project (letter in http://www.afnhb.org/updates/mysore_27mar18.pdf) and then given option for B1 allottees to either upgrade my type of option to A1 or A2 which is costly or to down grade to B2 which is cheaper. As I am not interested in both options, I have requested AFNHB, to pay back the installment amount and registration amount with standard rate of interest at the earliest. AFNHB has responded by saying that as per contract if any allottee is surrendering the option, they will not be giving the interest and the amount will be given back only after another new allottee / person has subscribed the flat that of the old allottee. ( Please refer AFNHB Brouchre Chapter VII (Withdrawal / Cancellation of Allotment, from 0701 to para 0703 Withdrawal Where No Waitlist Exist in http://www.afnhb.org/updates/MasterBrochure_2012.pdf ). As per me, I have not surrendered my allotted option. Only when the board unilaterally decided to scrap the option that I selected, I asked for repayment. But board is adamant on its position.Please confirm the legal angle of my position with regard to the AFNHB brouchre ? Now what can I do for this? Is my side of case / legal point worthy enough to approach the court to get a ruling in my favour ? Is it a case worth fighting? Should I proceed to court or RERA or Consumer protection forum ? If so where ? I live in Mumbai , AFNHB is in New Delhi and the project is in Mysore where and how should I register the complaint ? Can I represent my case of my own (I'm not a registered lawyer / legal professional) ? What is the average time period to be expected to get the issue completed? Please advise. Thanking you Regards B1 Allottee