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Amit Kumar Kosta (Deputy Manager)     30 May 2014

Buiider is asking for payment without doing the work as per

Dear All,

I have booked a flat and indenture recording an agreement was executed on 12/05/12. There are five blocks in the project. The construction of my block was started around November 2013. Now in my block the builder have completed half portion. The place where my flat stands the builder have completed foundation only. On approaching him for signature on Tripartite agreement the builder is asking for 50% payment of the cost of the flat.As per agreement  I have paid 20% of the total amount at the time of execution of   indenture recording an agreement. Now as per agreement I have to pay 10% of the balance amount on completion of foundation, but the builder is asking for 50% of the amount due. The bank has also sanctioned my loan and on talking to the bank the bank is not agree to do 50% payment. The builder is asking me to cancel the agreement which I do not want. He also refused to sign tripartite agreement with bank. He has not given anything in writing regarding the 50% payment.

 

Pl. advice what can I do in this case.



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     31 May 2014

Demanding the money by builder against the term and conditions of agreement comes under the purview of unfair trade practice.Builder can not cancel the agreement consult to local lawyer and.approach to District Consumer Redressal Forum for your grievance.

Amit Kumar Kosta (Deputy Manager)     31 May 2014

Should I write a letter to the builder for refusing to sign the tripartite agreement or should I send a court notice to the builder along with the copies of tripartite agreement to sign it.


(Guest)

CCI is of the consistent view that non performance of the terms and conditions of the Agreement cannot be said to have taken "dominance". The new act Competition Act will apply and not unfair trade practice. This is my understanding of the law.


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