About collaboration agreement violation etc.
malashree
(Querist) 21 November 2013
This query is : Resolved
Sir,
Recently my uncle has purchased a flat in Delhi and the concerned builder has sold this flat to my uncle on the basis of valid power of attorney and the same also registered/transferred in the name of my uncle. Before registration of the property, the seller ( i.e.builder) has assured to my uncle to complete the one pending work(i.e. construction of a servant quarter in stilt area) related to the purchased flat in accordance with the collaboration agreement and tactfully not mentioned the same in the sale deed on the plea that don't worry and trust him as mentioning the same will not be legally valid.My uncle although was reluctant to accept this verbal clause but finally proceeded to buy the flat. Now the above said builder deliberately not complying his own verbal assurance. On close scrutiny of the collaboration agreement which is notarized by a Notary Public it has come to our knowledge that the concerned builder has not followed/acted in accordance with the collaboration agreement and also sold the other flat in the same building in violation of collaboration agreement.
Pl. clarify whether we may take legal action against him solely on the basis of terms and conditions exclusively mentioned in collaboration agreement or suggest better course of action needs to be taken in this matter.
Devajyoti Barman
(Expert) 22 November 2013
yes you can and y=for this you have to file case in consumer forum.
Raj Kumar Makkad
(Expert) 22 November 2013
Consumer complaint can be raised in the given issue and it shall be better to serve the builder through a legal notice first.
Dr J C Vashista
(Expert) 24 November 2013
Yes, you should take legal action against him solely on the basis of terms and conditions exclusively mentioned in collaboration agreement.
Consumer complaint and/or Suit for specific performance with consequential relef of compensation should be filed
