Termination of construction and booking agreement
10-Nov-2023 (In Property Law)
Hi,
I have booked apartment in Emami Tejomaya, Chennai on 4th Feb 2018. I have construction agreement and otger agreement dates 9th March 2018 with possession in 5 months+ 3 months grace period.
As per agreement there is no car parking allotted as we have been informed this is ews block and no reserved car parking will be allocated. Siting parking will be available (un reserved) we booked apartment.
Now builder crm informed last week there are 42 parking initially there which was allocated to initial buyer year back of my booking.
I felt cheated, hence i have given the simple email notice for termination of agreement with reason of breach of agreement by builder not providing living flat as per timelines including grace period. And same delivered by hand to GM of property at location with his received sign.
Since as of 9th nov 2018, builder is in breach, are they in position to forfeit or hold gst paid on my property and can deduct any cancellation charges??
The builder will definitely deduct the GST and other cancellation charges before refunding you. However, to recover the same, you can move the consumer court and get remedy. If the agreement had not been cancelled, you could have moved the RERA tribunal, however, now make sure you get back your money.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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