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No date of possession in agreement how to proceed against builder
25-Jun-2023 (In Property Law)
Dear Sir, Facts: A) I went into agreement in Jan 2011 to buy a shop in Commercial Mall (under construction) in Gurugram The builder took 3 installments as the construction was already started (I chose construction-linked payment) B) It is mentioned in the agreemnet: "..the said premises is proposed to be delivered by the Company to the Unit Alloottee(s) within three years from the date of sanction of REVISED Building Plan" C) But the revised Building Plan was Sanctioned on: Nov 2013 D) When I was signing the agreement they told me that it will take about 1.5 to 2 years to complete. I did not know that the revised Building Plan was not even sanctioned at that time. E) Question: Is it considered breach of trust/contract to not give a firm date of possession, as in the case above? The Project is extremely delayed. What rights do I have to defend myself? Is there any SC Judgement regarding this Sir? Kindly help. Regards, Anuj
Dear Mr Anuj
Thank you for writing to me with your query. To precisely answer your questions, Yes it is considered breach of trust/contract. Even if they have not given you any specific date as to when they would hand over the possession of your commercial unit but intimated you verbally, you have the right to take the concerned builder to the court of law.
For cases like this I would suggest you to go to the consumer court as they are fast and your matter shall be resolved within a year following Supreme Court guidelines to consumer court. You may also choose to go to civil court for redressal.
However, this is a generalised suggestion given to you based on your query. Specific suggestions and legal remedy can be provided only after going through builder buyer agreement. If you have any further query please do not hesitate to contact me.
Wish the very best with your legal matter.
Regards
Advocate Farhat Warsi Singh
Thank you for writing to me with your query. To precisely answer your questions, Yes it is considered breach of trust/contract. Even if they have not given you any specific date as to when they would hand over the possession of your commercial unit but intimated you verbally, you have the right to take the concerned builder to the court of law.
For cases like this I would suggest you to go to the consumer court as they are fast and your matter shall be resolved within a year following Supreme Court guidelines to consumer court. You may also choose to go to civil court for redressal.
However, this is a generalised suggestion given to you based on your query. Specific suggestions and legal remedy can be provided only after going through builder buyer agreement. If you have any further query please do not hesitate to contact me.
Wish the very best with your legal matter.
Regards
Advocate Farhat Warsi Singh
Helpful?
Adv. Farhat Warsi
Gurgaon | 25+ Answers
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hello, There is lot of judgements regarding this issue, as your possession is delayed as per the buyer's agreement. you can file a suit against the builder in consumer court or in RERA. for detailed advise i need to go through the complete file . you can contact me. we are gurgaon based law firm.
Regards.
Regards.
Helpful?
Adv. Akash Gupta
Gurgaon | 100+ Answers
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