Flat booking
shobhit acharya
(Querist) 17 November 2011
This query is : Resolved
My Client had been booked a flat in May 2010 with Builder (Multistory Building) in Noida at booking amount. But he has not paid remaining instalment. Now he wants to paid with all dues. But builder says that booking has been cancelled. event clients has received a demand letter. In that case client could gone to court. Till date agreement has not been signed.Please suggest.
Devajyoti Barman
(Expert) 17 November 2011
The agreement has not been signed but your clinet has paid the money. Quite strange.
Your only option left with albeit without much merit is suit for specific performance of contract.
Legal Fighter
(Expert) 18 November 2011
did ur client got any cancellation letter or notice? if yes, did he reply to that?
u can also approach consumer court for faster result. consumer court in noida is quite fast.
ajay sethi
(Expert) 18 November 2011
according to the querist he has only paid earnest money at time of booking of flat .
since you have not signed any agreement in writing what did the receipt issued by builder say?
did it specify period when balance amount was to be paid?
send a letter to t he builder offering to pay the balance payment
has the builder given any letter in writing that booking has been cancelled?
dev kapoor
(Expert) 18 November 2011
Hi all !
If Agreement is NOT signed by one party,we call it unilateral agreement.Can such agreement be enforced under the Specific Relief Act by a Suit for specific performance of contract? I am afraid, NOT.
Mr.Sethi has realistic views by the querist has to make more detail available.
Rajeev Kumar
(Expert) 18 November 2011
I agree with above experts
