Registration of builders flat in gurgaon
minoti
(Querist) 31 January 2014
This query is : Resolved
In gurgaon, it is observed that the builder deduct the amount of delay compensation from the total cost of flat (mentioned in buyers agreement) and mention that consideration (total cost of flat - delay compensation) in sale deed and it registered.
Builder mention one clause in the buyers agreement that they will adjust the compensation at the time of registration of sale deed.
Please give your legal opinion.
Devajyoti Barman
(Expert) 31 January 2014
Yes, so what is your doubt?
If it is so mentioned the builder is bound to adjust the final consideration price.
minoti
(Querist) 31 January 2014
To my mind it is not legally correct. The builder have to mention the same sale consideration, as mention in buyers agreement. But they are saying that this is practice and they are doing it from last 10 yrs with the confirmation of sub-registrar and senior advocates of gurgaon.
They are also saying that where it is written that you can not reduce the sale amount. we are just reducing it and bla bla bla.
I am unable to find the right provision in respect of said dispute.
minoti
(Querist) 31 January 2014
To my mind it is not legally correct. The builder have to mention the same sale consideration, as mention in buyers agreement. But they are saying that this is practice and they are doing it from last 10 yrs with the confirmation of sub-registrar and senior advocates of gurgaon.
They are also saying that where it is written that you can not reduce the sale amount. we are just reducing it and bla bla bla.
I am unable to find the right provision in respect of said dispute.
Rajendra K Goyal
(Expert) 31 January 2014
The buyer has signed the buyer 's agreement and the action is well within the provisions of agreement. How it is not legally correct ? In your view how it should be?
