I had booked an office space with a builder, and he has now sent me the Buyer agreement. But I find many objectionable clauses in the agreement, some are listed below. But the builder is not changing the buyer agreement. So, can I seek refund of the booking amount based on the buyer agreement being objectionable ? Requesting inputs of the esteemed forum members.
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The agreement does not have any stamp Paper attached to it.
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The Building Plan is yet not sanctioned. Hence floor plan, site plan and even Specifications are subject to change.
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Possession 36 months after the execution of agreement or Building Plan approval, whichever is later.
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Agreement mentions that the Developer may carry out additions / alterations / deletions / design modifications using its sole discretion even after the Building Plans are approved. And if any additional PLC becomes applicable due to such changes, then Allottee has to pay it.
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Developer can unilaterally change the PLC, as per prevailing company policy.
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Developer may increase or decrease the area of allotted office space.
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Allottee needs prior approval of the developer to avail loan from any bank.
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Allottee needs to take prior written approval from Developer for getting interiors done.
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Developer reserves the right to change all annexures to agreement. This includes Layout, Super Area Calculations, Payment Plan, Common areas and facilities, Specifications, Floor Plan, Maintenance Agreement.
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In case of dispute, Arbitrator can be employee of the Developer and allottee should considerthis arbitrator to be impartial.
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Arbitration meeting can be anywhere.
Requesting your expert opinion please. Thanks.
Rajat Gupta
