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Builder is not signing the builder buyer agreement.
14-Apr-2023 (In Consumer Court Law)
I have booked a home through a reputed builder in Gurgaon the possession for which is due in next 4 years. While booking the apartment, I sent them a mail stating that I will pay the amount using my own resources in three instalments as my company agreed on a interest free loan. However after the 1st instalment which I sourced from my own savings, my employer refused to fund me and now I want to take a home loan two fulfil my next instalment commitment. The bank requires the Builder buyer agreement which the builder is refusing to provide saying that we opened the tower only for you and we can not give you the builder buyer agreement. Now if I do not take home loan I would default on my 2nd payment and as per the booking form conditions builder will first charge the heavy interest on late payment and if I do not pay till 120 days builder has the right to cancel the allotment.I would like to know if I can file a case in consumer court as the builder is not providing me the BBA. Thanks.
Yes you can file a complaint in the consumer forum for deficiency in service against your builder. Also, as you have already paid 33% of the amount thus, you can file the abovementioned complaint asking the court to direct the builder to sign the said builder-buyer agreement.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear
you have done a mistake to not get the duly signed builder buyer agreement first. however if you have the receipt of the paid amount then yes, you can file a complaint in consumer forum gurugram and upon notice court will direct them to sign Builder Buyer Agreement. because, now there are numerous judgement of various forums and high courts in which these types of malpractices towards consumers by the builder's had been reprimanded.
you have done a mistake to not get the duly signed builder buyer agreement first. however if you have the receipt of the paid amount then yes, you can file a complaint in consumer forum gurugram and upon notice court will direct them to sign Builder Buyer Agreement. because, now there are numerous judgement of various forums and high courts in which these types of malpractices towards consumers by the builder's had been reprimanded.
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Adv. Sumit Sharma
Faridabad | 25+ Answers
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Firstly you go through with the terms & Conditions upon which you booked the property, and if the terms in any way goes in favor of you then thereafter file a complaint against them on the basis of that clause.
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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