builder left the preparation in btw and gave it to other builder


Builder has delayed possession by around a year.......has no money to complete the project......has appointed another builder to complete the project. But this new builder is asking for an escalation cost? what should i do now?


Answers (3)

You need to inform in writing to local police still if doesn't work then issue legal notice for cheating and breach of trust. All these copies plus application in writing to the concerned co-operative registrar.
This will solve your problem. And if not then you can initiate legal process before court of law.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Sir,



 Firstly in order to seek an action against the builder the contents of the agreement has to be gone through.  for delay possession you can seek appropraite remedy either in civil court or consumer court but prior issuing legal notice so as to mediate the matter prior to going in court. so far as new builder appointment is concern and his asking for an escalation cost  firstly get documents executed between them and then show to legal expert and decide further steps.


Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

It appears that the original agreement has been assigned to the new builder. The escalation cost must be according to the terms and condition of the agreement. The builder cannot arbitrarily impose escalation charges.



Therefore, you are required to ascertain-



a) whether a clause for escalation cost is specifically mentioned in the agreement? 



b) if such a clause is not mentioned in the agreement, on what basis is the builder imposing escalation costs.


Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Sir, my father has bought a flat. Registration is over, suddenly my father passed away , now the builder asking me your payment has not completed. So …

Read More

I had bought a land of 60x40 from my relative( seller) in mysore and it is registered in my name. My relative ( seller) has a site in front of our sit…

Read More

Flat not handed over till date and it is overdue by 3 years now. Want to know possible options either for smooth exit with refund from builder or fili…

Read More

Dear Sir/Madam, I have one query regarding open car parking sold by builder in early year 2013. it would be great help if I got an satisfactory answer…

Read More

Talk to a lawyer for your legal issue