builder is breeching registered agreement to sell clause
alok srivastava
(Querist) 08 October 2016
This query is : Resolved
sir,I have purchased a commercial space wide registered agreement to sell paid full consideration amount in advance but after completion of building builder did not informed me in writing about the completion of the building neighter informed me about the possession nor about the execution of sale deed as stated in the clause 4&5 of the registered agreement to sell..and he without my consent rent out my alloted premises to ciet tyers..sir,plz suggest me what to do.
Advocate Bhartesh goyal
(Expert) 08 October 2016
File complaint against builder before Consumer Forum for his deficiency in services and unfair trade practice and claim therein possession of agreed space,execution of sale deed and compensation towards mental and physical agony.
Rajendra K Goyal
(Expert) 08 October 2016
Send notice to builder.
File consumer complaint.
Kumar Doab
(Expert) 08 October 2016
Notice the builder.
Approach DCDRF.
R.K Nanda
(Expert) 08 October 2016
Agree with experts.
kavksatyanarayana
(Expert) 08 October 2016
Issue legal notice to the builder and then file a complaint in Consumer Forum and show the terms and conditions of the sale agreement to a well versed lawyer of your area.
alok srivastava
(Querist) 09 October 2016
thanks for the valued suggestions
Kumar Doab
(Expert) 09 October 2016
You are welcome.
Kuummaar AS
(Expert) 09 October 2016
Alok,
What is "registered agreement to sell" in this case and how much stamp duty did you pay at the time of registration?
What was decided about Sale Deed?
Dr J C Vashista
(Expert) 09 October 2016
You may file a suit for specific performance through a local lawyer.
alok srivastava
(Querist) 15 October 2016
dear sir,
I have purchased a commercial space paying full consideration in advance wide registered agreement to sell.after completion of building in april 2016 he didn't invite me in writing forpossession and execution of sale deed .I asked you then you suggested me to send a legal notice .I send him a legal notice in this regard on 20-09-2016 but he did not responded now he send mea registered letter in which he offered me regarding the possession of my commercial space and execution of sale deed after clearing his unjustified dues of rs 1075000(parking,eec,edc,fire fighting etc) which he is imposing upon me and which has not been mentioned in the clauses of agreement to sell to clear any kind of dues prior to possession but he imposed dues of rs 1075000 to clear before handing over the possession of said premises which is totally unjustified and against the provisions of Real estate regulation and development act 2016 and clearcut breech of registered agreement to sell.sir i need your help and suggest me legal remedy.i have receved this letter on 8-10-2016 and he asked me to answer within 15 days may i respond this leller directly or through my advocate.
alok srivastava
(Querist) 15 October 2016
dear sir,
I have purchased a commercial space paying full consideration in advance wide registered agreement to sell.after completion of building in april 2016 he didn't invite me in writing forpossession and execution of sale deed .I asked you then you suggested me to send a legal notice .I send him a legal notice in this regard on 20-09-2016 but he did not responded now he send mea registered letter in which he offered me regarding the possession of my commercial space and execution of sale deed after clearing his unjustified dues of rs 1075000(parking,eec,edc,fire fighting etc) which he is imposing upon me and which has not been mentioned in the clauses of agreement to sell to clear any kind of dues prior to possession but he imposed dues of rs 1075000 to clear before handing over the possession of said premises which is totally unjustified and against the provisions of Real estate regulation and development act 2016 and clearcut breech of registered agreement to sell.sir i need your help and suggest me legal remedy.i have receved this letter on 8-10-2016 and he asked me to answer within 15 days may i respond this leller directly or through my advocate.
Rajendra K Goyal
(Expert) 15 October 2016
Reply the notice through letter and approach consumer forum, local court for relief.
Dr J C Vashista
(Expert) 15 October 2016
File suit for specific performance, consumer complaint may not yield desired result.
Contact, consult and engage a local prudent lawyer, your's is a very interesting case, in your favour.
Kumar Doab
(Expert) 15 October 2016
Consult a very able counsel and tender suitable reply to the letter from builder.
alok srivastava
(Querist) 16 October 2016
thanks for the valued cooperation help and suggestions.
alok srivastava
(Querist) 19 October 2016
sir,i have served a legal notice through lawyer to lucknow based builder on 20.9.2016 beause he didn't move in writing to give possession and execution of sale deed as per the registered agreement to sell but he didn't responded to my legal notice till now but he offered me in writing for possession of my commercial space after clearing of his fake dues of Rs 107500 to complete pre possession formalities through his letter dated 3.10.2016 which i received on 8.10.2016.sir when i had paid him full and final consideration in advance at the time of registered agreement,why should i pay his illegal dues of Rs 1075000 .sir i wanted to know how i respond to his letter eighther i send another legal notice to him or i send him a written reply himself to deny his pre possession claim of Rs 1075000.
i shall be highly oblised if you plz give me proper guidance i dont want to involve in litigation if matter is negotiated any how.
alok srivastava
(Querist) 20 October 2016
sir plz suggest me proper remedy of my yesterday's message...
alok srivastava
(Querist) 26 May 2017
sir plz help me my problem is still unsolved
