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Need Advice on breach of contract by builder


15-Oct-2023 (In Consumer Court Law)
Sir, Hi, I have booked a commercial shop from SRS builder in 30L, in builder buyer agreement they promised after paying 95% amount advance they will give 12%pa assured return but after paid 95% payment they said company unable to give u Assured Return. Please suggest what can I do?, this is commercial property, Can i approach consumer forum? Or any remedies please guide? 
Answers (3)

Answer #1
971 votes
In case of breach of contract you can approach consumer court irrespective of the type of property whether residential or commercial. If the builder had promised assured return after 95% of payment then he must give it. However, my apprehension is that he might have protected himself by having some exception clause in the Builder -Buyer Agreement to protect himself. We need to go through the agreement to decide further course of action.
Answer #2
512 votes
Hi sir due to weekend I am unable to reply your query. Your concern is valid but before giving any suggestion on your matter i want to read builder buyer agreement first so if possible we can meet. Assured return is one part were you can approach direct to High Court for winding up petition which is very effective these days in court of law. For commercial property you can not approach consumer court as it does not fall under consumer. However there are some exception also so reaching to any final conclusion I need an interaction session with you and I do not charge anything for first meeting .
Answer #3
605 votes
hi,
1. File a consumer complaint in consumer court
2. Civil suit of recovery
3. file criminal complaint of cheating and misappropriation of fund
4. file complaint in competition commission of india

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