I have got into a dispute with my builder due to non-delivery of flat even after 4 years of booking and not paying any penalty for the same.
He got a one-sided Agreement signed and refers to that whenever I confront him. He has even cancelled my flat after enjoying on my money for four years. People here must be aware of such agreements as they are just copy pasted types for all builders nowadays.
I have filed a consumer case in district forum and final order is awaited.
My questions are:-
1) Can builder actually take advantage of such one sided agreements which he gets signed just like we sign bank account opening forms without reading. (Actually, they dont give time to read even if we want)
2) Can he charge for open spaces in name of parking although it was in agreement but there is an order against selling parking spaces by Hon'ble Supreme court.
3) He is very much interested to get the case be transferred to Civil court rather than Consumer Forum. Does he have any right to proceed civil court, even if the District forum order is in my favour (which I am very confident of getting).
4) He will certainly create problem in executing the order of district forum. What all options will I have then.
I have posted all my doubts so as to be prepared with my options after I get the final order from District Forum at Delhi.
Response will be highly appreciated.
Thanks & Regards,
Rajat, Delhi