• Builder forcefully asking buyers to sign affidavit

I bought a house in greater noida west in Ace aspire project we gave all the money and project is almost complete but not ready to live, as parking and other facilities are not available and construction in other tower, parking area and club is still going on.
builder asking to get registry done and at time of registry his lawyer asking buyer to sign affidavit saying "we buyer have no problem if builder do construction if FAR increased by authority". 
Builder asking to sign "builder is not responsible for any damage or technical error and buyer can not ask for any claim for whatsoever reason."
and Builder forcing to sign that "buyer is satisfied with constructions and his apartment is ready to move at the time of registry" though it is not in livable as construction work is going on.

can we appeal to court for no further construction or in future builder take responsibility in case of any damage or flaws in construction? after signing these undertakings.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

There is no harm in signing a deed making statements which are true in factual aspect.

However of the builder tries to sign you something which is not true like constructional faults etc then there is no reason why you should sign such deeds.

So refuse to sign any such statements and if for this the builder refuses to register the deed of sale then go to consumer forum hwerein you will get additional relief of damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Yes,you better delay giving the affidavit and now register the deed or take possession of the flat.

If damage is occurred due to constructional fault one can always file case seeking damages.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

under no circumstances should you sign the affidavit

2) builder cannot offer you possession until OC is issued

3) if flat is not in livable condition refuse to sign affidavit

4)legally you can make claim against builder if construction is defective

5) dont authorise builder to carry on additional construction on your building

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

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cases before consumer forum take around 2 years to be disposed of

2) you cannot with draw your signed affidavit

3) undertakings do weaken your case

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

Such agreements / contracts are illegal and bad in law - such agreements call for criminal complaint - additionally a suit for Specific Performance can also be filed to make the developer to execute the registries.

DO NOT sign such contract or document. Also it would be good if you can file this case in a group .

The terms of builder as mentioned above are all illegal and builder cannot make you to sign that. If such has been signed - you may write a letter/ notice to the builder that XYZ dated agreement stands cancelled.

For further discussion you may feel free to call for free consulting on your subject.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

can we appeal to court for no further construction or in future builder take responsibility in case of any damage or flaws in construction? after signing these undertakings.

The builder cannot ask you to furnish an affidavit in the manner what you have written here.

It is nothing but escaping the future liabilities or any grave errors that went unnoticed now.

You can refuse to sign any such affidavit and ask the builder to provide the rules of provisions of law for forcing you to sign this unilateral affidavit which is against your interest.

If he is still insisting on it, you may issue a legal notice instructing him to refrain from indulging in such unfair trade practices as well as threatening activities and advise him to complete the constructions in all respects before handing over the possession and executes a registered sale deed.

You can even drag him to consumer forum for the said defects.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Right now we are in bit hurry to get possession as i am giving bank EMI and Rent and if we go for consumer court, don't know how much time goes into legal process.

can we withdraw our signed affidavit? or give any affidavit in future to counter our previous affidavit?

It will be blunder mistake if you sign any affidavit without knowing the serious consequences of it. The builder is exploiting your weakness, now you should handle patience.The legal notice itself will make the builder to come to negotiations.

appeal to court in case of any damage happens in future?

are these undertakings make our case week and court will not listen to us if builder present these undertaking in court?

Any such affidavit would be against your interest and it may draw an adverse impact to you if you would like to pursue the cae through court at a later stage.

Think well before entering into any such hasty decision.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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