Q3. What legal action is available when a builder demands an extra ₹2 lakh after a flat bought via token payment was later auctioned by the bank due to the builder’s misrepresentation?

Advocate Vinod Todiwan answered:
There appears to be a valid claim against the builder for misrepresentation, cheating and unfair trade practice. Once the flat has been legally purchased via bank auction and possession obtained, the builder cannot arbitrarily demand additional money without a valid written agreement. A legal notice seeking a refund of the token amount should be sent, and a consumer complaint or criminal proceedings for cheating can be considered depending on the evidence.

Q4. What relief is available when a builder ignores a MahaRERA refund order and continues demanding EMI payments after forcing a change of flat floor?

Advocate Vinod Todiwan answered:
Since MahaRERA has passed a binding refund order, execution proceedings should be initiated before the MahaRERA Authority for recovery as arrears under the RERA Act, with the High Court as a further option if execution is delayed. EMIs should not be unilaterally stopped since the loan is a separate contract with the bank, but the bank can be approached with the RERA order to request deferment or restructuring. The builder cannot compel a change of allotted flat without consent, and compensation can be sought for the delay and losses.