Advocate Balaji S

Questions Answered by Advocate Balaji S

Q: Builder asking for extra amount for an undisclosed area

I bought an under construction appartment in Bangalore in Mar 2012 and my builder has not fully finished the project till date (July 2018) and moreover instead of paying me the compensation for not finishing the project by 2014 end as per the agreement, she is asking me for extra an amount Rs. 1.48 Lakhs for the extra 60 square feet which she has provided to me without my consent and without the mention of the same in the original agreement. She is not willing to register the appartment on my name without me paying this extra 1.48 lakhs which is over and above the agreement price of Rs. 27 Lakhs. Now, my question is if i put a case with your help in the consumer court, will i get justice in the consumer court on the grounds that she is NOT willing to pay me compensation inspite of project overrun and she NOT willing to register the appartment on my name without me paying extra amount of 1.48 lakhs ? 

Advocate Balaji S answered
Specific performance means enforcement of exact terms of the contract. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. For example, if A agrees to sell certain shares to B of a specific company which are limited in number and after the payment made by B, if A refuses to sell the shares then B is entitled to recovery of those shares. Inorder to make him register the apartment as per the terms of the agreement, a suit must be filed in the civil court for specific enforcement of the contract. And yes, with respect to the issue of delay in delivery of the apartment, the vendor owes a tortious liability. A suit can be filed in the consumer court for claiming compensation. Based on the extent of compensation, a suit can be filed in the district, or state consumer forum. I need to go through the documents for a much more precise advice.