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Builder increased the price what can I do
31-May-2023 (In Property Law)
I've question related under construction property which has gone in litigation by owners when builder escalated price. It's been 4 years property has not been completed. 90% of work is done. many people have filed case in district consumer forum and national consumer forum. In my case I've replied to builder's demand by email but there was no reply. As per agreement there is 3rd party arbitrator appointed by builder and now builder is pushing to get my concerns resolved through him. Builder is pushing for addendum agreement to get his escalated cost. What should I do? I've not filed any case.
If there is an arbitration clause in the agreement, then the disputes will have to be settled through arbitration. Please do not sign the addendum agreement without showing it to a legal professional. With regard to escalation of construction costs, it would depend on the terms of the agreement to sell.
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You are not bound to pay the additional amount that the builder is demanding from you. The addendum agreement that you mentioned is an adhesive contract, and you cannot be forced into entering into it to pay more. Based on your statements, you are bound by the arbitration clause in the agreement, and as such you have no other alternative but to arbitrate your claims.
If you have any reasons to believe that the person appointed as the arbitrator could be unfair, you can approach the High Court for change of arbitrator, of course there are certain limitations attached to this.
Irrespective of the arbitration clause, you can still approach the Consumer Forum for deficiency in service for any delay in completion of the project.
We recommend that you consult a lawyer with your queries.
If you have any reasons to believe that the person appointed as the arbitrator could be unfair, you can approach the High Court for change of arbitrator, of course there are certain limitations attached to this.
Irrespective of the arbitration clause, you can still approach the Consumer Forum for deficiency in service for any delay in completion of the project.
We recommend that you consult a lawyer with your queries.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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