Sahil (Tech) 06 November 2012

Builder threatening termination of agreement

Hi All,

I booked a flat in Faridabad(haryana) in a builder's project.Project is nearing completion so I recieved a letter regarding final payment from the builder in september which says that the final payment should be made within 30 days.After recieving the letter I mailed them and asked for some more time as the amount is quite big.Now around after 40 days I got a letter which says that as I have failed to pay the amount in 30 days they are considering termination of agreement.They have menttioned the clause which is there in the agreement under which they can do but the thing is that almost all the clauses favours the builders.Can they terminate the contract?

Secondly, They were supposed to give possession after 3 years of booking but its in the 4th years they have initiated possession and in the final demand letter they have added increased steel and labour charges.Is there anything I can do in this regard as the delay was from builder end so why should consumer bear the increased costs?

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2 Replies

Advocate Rohit (Advocate) 06 November 2012

Dear sahil,

Builders always makes the agreement in their favour only. you need to show the agreement copy which would be useful to give you proper advice. further, since the builder has not completed the project on time, kindly check if there is any penalty clause or something upon the builder for delay in completion of the project. I feel there won't be any such clause in it.

you need to respond the termination letter immediately otherwise he may allot the flat to someone else and you would have no choice but to fght the court case.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai