sasikumar (manager) 29 August 2012

Assignment agreement misplaced by builder

I have paid money to buy one property which is under construction.

I am buying through exiting owner not from builder.

Based on the builder advise myself and seller submitted all the documents to builder

to get the Assignment agreement.

Me and seller singed in the assignment agreement and given to builder, for their side signature.

Now builder is telling that assignment agreement given to me after builders signature, but I have not received.

I asked the builder to provide the acknowledgement for the same, but builder doesn’t have.

Now builder is telling me that he can give one more assignment agreement within 10 days’ time.

Please note also I have paid 1.75 laks to builder for this property through cheque for regular installment

My questions

1. I have all the details and acknowledgment’s, can I go to court for legal action and compensation.

2. If I win what kind of legal action can be taken to builder and what is the compensation I can get.

3. Any possibility that missing assignment agreement can be misused.

4. If I want get one more agreement from builder – what are the legal steps to be followed.

Thanks please help

Reply Follow

3 Replies

Adv. Meenakshi S (Advocate-Sra and Mhada matters) 29 August 2012

You need to patient..The builder says that he wil provide u with another assignment agreement.

why are you hurrying to approach the court without giving him a chance

Which side has drafted the assignment agreement?

you should write to him so that hereplies his intentions in writing which for obvious reasons wil disclose what he is up to as in if he refuses to have executed any such agreement or of maybe he he promises to execute another one and thereafter accordingly to that you will have to take an action...so let the 10 days go by..