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builder left the preparation in btw and gave it to other builder
03-Sep-2023 (In Property Law)
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?
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.
23+
Adv. Ananya Gupta
Mumbai | 25+ Answers
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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.
11+
This will solve your problem. And if not then you can initiate legal process before court of law.
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Adv. Sagar Kothari
Pune | 400+ Answers
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