We were sold an apartment with the clause of a buy back from the builder at a higher price per sqft. Thinking it was a good deal, we took it. After the construction of the flat, when we proposed they buy the apartment back, they didn't budge. They also stating that they're not able to find a buyer (which is not our concern). The clause doesn't state that they need to find a buyer first. Now the builder is stating that the buy back is out of the question and not possible which we have in an email as proof. How can i take this forward legally and in the most effective way possible?
Issue legal notice to builder to buy back apartment as agreed upon
2) rely upon email exchanged with builder wherein he agreed to buy back apartment
3) if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to buy back flat from you
4) seek litigation costs and compensation for for mental torture undergone by you
1. This is often a trap to entice gullible buyers like to you to purchase such property in which buyers are hard to come by.
2. Anyway since there is written proof of it you have good remedy whereby you can file a case before the consumer forum wherein you will full refund with interest along with enough damages and compensation keeping in mind the commitment they made at the time of making agreement with you.
3. So meet an advocate and file the case as sated above.
If you are Consumer then you can approach Consumer court else you need to file civil suit for specific performance or breach of contract
You need to file a civil suit for specific performance of agreement in the Civil Court in this regard to compel the Builder to perform as per the agreement and take back the property after payment on the agreed terms and conditions
You can file a complaint in district conaumer forum but before send a legal notice through an lawyer.
You need to file a suit for the specific performance of agreement for the clause of buy back. You need to serve a legal notice first then if builder fails a suit of specific performance can be filed.
Dear Client,
Such clause has no legal validity, you have been cheated by including this clause to cajole you to purchase the flat.
Is this clause is in sale agreement or sale deed ?
Until and unless there's a registered agreement between you and the builder on this you cannot enforce such issues through court of law.
Alternately you may issue a legal notice on this to the builder on the basis of email evidence , if he admits it then you can proceed legally or else you may have to wait for the time to answer.
This clause was in the contract and hence he is bound by it and has to honour it. Send him a legal notice and if he does not respond then file a complaint against him in the state consumer disputes redressal forum.
Regards
