LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

brain (cep)     08 October 2012

Recontract advice - flat

HI Lawyers

Background ..

I  booked the flat and paid close to 50% of total cost in two years ago itself in Bangaluru . According to contract ,possession hand over  by this December  otherwise  the builder suppose to compensate INR 5 per sqft for every delayed month but after gotten the building sanction plan by this year JUN , the builder  says the previous agreement no more valid and need to reenter new agreement starting from the plan sanction date .. In addition to this amendment he is also indirectly forcing me to pay remaining 48% in 4 months time (i.e. before Feb. 2013) and 2% during hand over (July 2014)  ... But by right my next payment schedule would be only when the building reaches 8th floor roofing.. At this instant I have no visibility of project status and have no faith on work completion by the newly committed July 2014+ 6 month grace period..  

Now I seek the legal opinion from you guys about how to handle the situation (like paying another 48% payment ) reentering  new construction agreement etc … pls reply with your phone and mail address in case if you required any more details …

Note :

There is no word to describe the mental torture of what went through last two years ..

Yours

 Unfortunate Indian

  



Learning

 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     08 October 2012

My advice to my clients is not to buy under construction flats if you do not wish to take tension. It is like a dog has a habit of barking then you cannot stop it from barking. Similarly the builders have a habit of asking buyers to pay money before they carry out the work and for this they use good marketing tactics like giving you a dream of low price, very good brochures and video of futurisitic image of the construction, etc. Their only aim is to lure you into buying the property before they finish constrcution.

Once you become a bakra, then there is no escape as they have much larger pwoer then you do. They have their property in their hands and they also have your money. Pleae buy ready properties and dont finance such rogue builders.

Even some big name builders will creat a separate company or partnership for each project just to make sure that they can do all this.

You cannot do anything except negotiate with the builder(he may say yes again and chaneg the terms later - it is like a person promises another that he/she will marry and try to benefit out of this dream)

Please negotiate with the builder and arrive at something beneficial or cancel the agreement if it rediuces your losses.

S Jadhav

brain (cep)     16 October 2012

Dear S Jadhav

Thank you very much for your valuable comments and advice .. could Credai help to resolve grievance since the builder is member of credai?

brain

S Jadhav 98336 98330 (Jadhav & Associates)     16 October 2012

I do not think CREDAI will be of help but you can try your luck.

CREDAI was made to help the builder/developer fraternity to get more benefits for themselves not for the customers of builders and there is nothing wrong with it.

S Jadhav


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register