Lease shop dispute
maxmoon
(Querist) 25 March 2013
This query is : Resolved
I had taken a shop on lease in an under construction mall(nov 2010) for which the builder told me verbally that the posession will be given in 4-5 months but till date i have not received the posession but now builder promises to give posession in 2 months.
On the other hand the brand which we planned to get in the mall has already cancelled the deal with us due to delay from builders side.
Now the builder says that if i do not get the same reputed brand then he ll change the location of my booked shop to the higher floor where the footfall is less.i am help less.what should i do?please suggest as i am the sufferer and builder is taking advantage of it.this kind of terms were not mentioned in the LOI.
Raj Kumar Makkad
(Expert) 25 March 2013
You get the possession what ever is provided to you under protest and then file a consumer complaint which shall include all losses incurred to you including loss of business as well as inferior location of the shop against the promise of a specific place.
maxmoon
(Querist) 26 March 2013
SO SIR,ACCORDING TO YOU I SHOULD ACCEPT THE INFERIOR LOCATION SHOP AND DO ACCORDING TO THE BUILDER?
Anirudh
(Expert) 26 March 2013
Dear Maxmoon,
Did you book for the particular shop (space) in the Mall or not? If that be so, you can definitely insist for the same.
If you had only booked for space but without any specific location (say ground floor, shop no., corner shop etc. etc.)then the issue would be altogether different.
maxmoon
(Querist) 26 March 2013
sir,
I had booked the shop on lease and I have an LOI signed with the builder.In my LOI the floor,shop no,sq ft,etc everything is mentioned.
But how can i claim for compensation and loss of the business due to delay in possession by the builder.In LOI no specific possession date is mentioned.what should i do?
maxmoon
(Querist) 26 March 2013
sir,
I had booked the shop on lease and I have an LOI signed with the builder.In my LOI the floor,shop no,sq ft,etc everything is mentioned.
But how can i claim for compensation and loss of the business due to delay in possession by the builder.In LOI no specific possession date is mentioned.what should i do?
maxmoon
(Querist) 27 March 2013
please suggest
ajay sethi
(Expert) 27 March 2013
the mistake you made was you did not consult a lawyer before signing LOI . you dont have any clause that possession would be given within ______ period . under the circumstances you cannot make out a case for compensation on account of alleged delay .
in any case builder is giving you possession in 2 months
Pradeep MK
(Expert) 27 March 2013
It appears from the facts mentioned in your query that you have entered into an agreement to lease the shop with the builder. There cannot be a lease of shop which is under construction and any agreement for such under construction shop will be treated as an agreement to Lease.
It is presumed that you have signed such agreement to lease. In the absence of an agreement your case based on the LOI alone will be very weak.
In the event you have proper agreement You have a right to file suit for specific performance.Chances of wining a legal battle on the basis of LOI are remote.
Therefore consider in settling the matter amicably with the builder.
maxmoon
(Querist) 23 April 2013
as per the LOI if i backout my booking money shall be forfrited...as per LOI indicative date of posession was nov,2011 and now builder plans to give posession by JULY 2013.where lies my fault? how can i take my money backas i am not interested in that shop anymore as its too late now
ajay sethi
(Expert) 23 April 2013
there is delay in handidng over posession by more than 18 months . issue legal notice and move consumer forum for necessary reliefs . if builder is offering you interest for the delayed period in handing over posession accept it
maxmoon
(Querist) 24 April 2013
sir if i want to quit this project then what is the solution?
maxmoon
(Querist) 25 April 2013
sir if i want to quit this project then what is the solution?
ajay sethi
(Expert) 25 April 2013
file case for refund of money on account of delay in giving possession . move consumer forum
maxmoon
(Querist) 25 April 2013
thank you very much sethi sir....
maxmoon
(Querist) 26 April 2013
sir,
In between i had given the builder a letter asking for my refund and quitting the shop,can the builder in c...ourt show my letter saying that i have backedout of the LOI coz as per LOI if the leave and license agreement is not executed then my amound will be forfeited
ajay sethi
(Expert) 26 April 2013
it is better you consult a local lawyer . you keep on adding new facts . necessary to go through the case papers to advise
