Is agreement entered into after getting possession valid?
A reputed builder in Noida has given possession of the Flat without obtaining clearance certificate from Noida Development Authority due to the Nexus between both. The Realtor has not entered into any agreement before giving possession. One month after giving possession, he has executed an agreement with me.
Now, the Realtor says that my complaint in the New Delhi Consumer Forum is to be dismissed as I can only go for arbitration with a single arbitrator appointed by him as per a clause contained in the Agreement entered with them.
Whether agreement executed after possession is valid?
Please let us know the facts of the complaint that you have filed in the Consumer Forum so as to enable us to guide you properly.
Yes, the agreement executed after possession shall be valid and the fact that it has an arbitration clause then the courts shall be reluctant to interfere.
However, it essential to know the facts of the consumer complaint because if the said subject matter is not covered within the arbitration clause, and the complaint is in the capacity of the consumer then the Court may allow the said complaint.
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