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Clarification regarding flat exchange by same builder


23-Mar-2023 (In Civil Law)
On 2015 i was booked a underconstruction flat with 18 month delivered agreement.but now no flat complete.i want to cancel the flat and again purchese new complete flat from same builder in other local location. So how to complete the work procedure for that case.how can i solved it .plese help
Answers (3)

Answer #1
939 votes
The developer is under obligation to deliver the flat within the stipulated time period since time is the essence of contract. Immediately give him a lawyer's notice quoting the relevant clause stipulating the time period in the agreement and then lodge a complaint before the consumer dispute redressal forum, you will get immediate relief as also you can get back the ernest money if deposited All the best. Regards
Answer #2
940 votes
Dear Client,
As per the details submitted by you, my suggestion ----First you have to cancel your agreement with the Developer and then a new agreement should be entered by and between you and the said Developer.
Answer #3
956 votes
You cannot travel beyond the terms of the agreement. You can cancel the agreement if there is any violation of agreement by the developer and can seek refund of the money together with compensation or alternatively you can seek for performance of contract to compel the developer to complete the construction work and deliithe possession to you.
You cannot seek for exchange of flat except through mutual settlement.

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