• Builder forcefully took money as security deposit and forced us to sign terms and conditions

Builder forcefully took 50000 as deposit over and above the flat value, maintenance etc etc.
Buidler pushed us to give this via cheque and pushed to sign on adhering clauses which are next to fullfill, like not to put clothes in balcony, not to put ac in balcony, not to keep any item in balcony, not to do any alteration in your flat, not to make any thing as per your interior design. and its was forcefully with that he was not giving the keys and possession. now he is not giving the security deposit and asking us to stick to those terms otherwise no refund. it was done one sided agreement, indemnity contract and we had to do to get the flat as EMI, RENT was making bleed.

Now what we have in rera? do we have any thing to counter builder?

Hope someone will guide us as it was all forcefully if not done we have to wait for keys and possession.

Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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10 Answers

1) First you take flat's possession in your hand and what he had forced you to signed that won't make any difference once society is registered and the building and its premises is handed over to society.

2) Actually this is not right time to fight with him because your amount has been invested and its chances to get spoil if you go against builder.

3) Wait for few days any how flat and construction is new, so you won't need any changes, but you can make interior and inside changes of flat, except already which are passed by municipal in layout that you won't changed it.

4) For today uses he is harassing like wet clothes should not hand in balcony for dry etc... So ask him to provide alternative option for all his restricted clause which mentioned in extra agreement.

Ganesh Kadam
Advocate, Pune
12800 Answers
235 Consultations

4.9 on 5.0

It is necessary to peruse terms of agreement entered into by you with the builder

2) you should take possession of flat from builder

3) then file complaint against builder and seek refund of your security deposit

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

1. The builder can't charge anything extra than what has been mentioned in the sale agreement or for any extra work done afterwards.

2. So in this case the demand of builder has no substance and hence not permissible under law.

3. The clause restricting hanging clothes in balcony or no interior works has again no basis at all and hence not enforceable under law.

4. To seek your grievances you can file case before the consumer forum where you can be awarded with damages and compensation for the deficiency of service done by the builder.

Devajyoti Barman
Advocate, Kolkata
22526 Answers
456 Consultations

5.0 on 5.0

Dear client, you can file a complaint petition before District Consumer Disputes Redressal Forum relating to your problems. But before filing complaint against them you have to sent a notice to the Builders. If they do not give any respond within 30 days of serving notice, immediately you can file a complaint before Forum.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

If there is any problem in terms and conditions different to the sale brochure and cost agreed by the builder you need to file a case on him in the Consumer Forum or in state commission if the value is more than 20 lacs.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) First kindly take the possession of the property.

2) Than file a civil suit challenging the clause later signed with builder forcefully and recover amount and damages from the builder. Also the clauses restricting complete beneficial use of your own property is invalid and court shall most likely set it aside and pass direction to refund amount.

3) If at also the builder is delaying the possession file a complaint at consumer forum for damages of delay if the project is under RERA than the same can also be filed with RERA authority appointed by Maharashtra government at local jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, you have a strong case in your favour as if something which is there in contract, and the same was not acceptable at all by a layman then it can be challenged it is not a straight jacket for all.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

If the security deposit was to have been refunded on handing over the possession of the flat, then the builder is bound to return the same.

You may issue a legal demand notice and if fails to comply with the demand made,, you may file a money recovery suit against him

You can give a complaint with RERA too, but how far that will be effective is to be seen,

If he is ready to give possession, first take possession under objection

T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

File a consumer complaint in court for deficiency in service. It will suffice your purpose. Consumer court will give you justice. Rera being new Provisions have lot of obstacles. Consumer law is liberal and more beneficial.

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

File a suit against the builder with RERA, he can't put such conditions in the Agreement, your are purchasing the flat.

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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