• Can builder decline to provide apartment as per agreement

I had booked a bareshell apartment which the pricesheet which have signed says,but later i changed my mind sales team promised to put in certain finishing in the house to retain me,i read the agreement and was satisfied with what was promises to me on annexure 7.now they have left and builder is reluctant to give me those finishes,which are there in my registered agreement what am i supposed to...and pushing me to take delivery of a unfinished flat..as i have paid 90% cant wait
Asked 12 months ago in Property Law
Religion: Hindu

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12 Answers

The terms of agreement are sacrosanct 

 

2) builder is bound to provide finishing agreed upon in writing 

 

3) builder can deliver possession only after issue of OC. 

 

4) file complaint against builder before consumer forum and seek orders to direct builder to provide finishing as agreed upon 

Ajay Sethi
Advocate, Mumbai
75659 Answers
4518 Consultations

5.0 on 5.0

Hi

Issue a notice to the Builder asking him to comply with the obligations which he has to do as per the Agreement.

In case if he fails to do so, you can knock the door of Consumer Forum.

Make sure that, the undertakings given falls under his domain before taking any steps.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2266 Answers
7 Consultations

5.0 on 5.0

File a consumer complaint against.the builder or a RERA complaint if builder is not keeping his promise as per agreement.

You can seek compensation as per the consumer protection act and for delay.

Shubham Jhajharia
Advocate, Ahmedabad
24829 Answers
98 Consultations

5.0 on 5.0

No he can't he needs to provide the same as per the agreement. you can approach rera or consumer court for the same

Prashant Nayak
Advocate, Mumbai
19528 Answers
35 Consultations

4.5 on 5.0

  1. You need to file a petition in consumer Court for deficiency in service. 
  2. I'm prepared to take up your case. I need an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are. So it shouldn't be much difficult for you to visit me. 
  3. So pay me a visit so that I can go through the agreement and other relevant documents and advice you further and file your petition before consumer Court. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
5 Consultations

4.4 on 5.0

Complaint to RERA, you will get refund with interest or approach consumer court for directions  to complete as promised along with compensation. 

Yogendra Singh Rajawat
Advocate, Jaipur
19228 Answers
24 Consultations

4.5 on 5.0

Builder is a party to registered agreement

He cannot refuse now

If he does not provide the furnishing, you can complain to Rera if project is registered with Rera

Yusuf Rampurawala
Advocate, Mumbai
5182 Answers
32 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file complaint before district consumer forum on defiency of services. 

Mohammed Mujeeb
Advocate, Hyderabad
16353 Answers
10 Consultations

4.5 on 5.0

You may accept the property under objection and then drag the builder to the consumer forum for the deficiency in service citing the reasons as observed. 

The objection while taking over the proeprty shall be a documentary evidence to prove your false agaisnt the builder before the consumer forum and seek relief and also suitable compensation

T Kalaiselvan
Advocate, Vellore
65635 Answers
853 Consultations

5.0 on 5.0

This is my response to you:

1. If it is RERA registered then approach RERA;

2. If not rera registered then approach consumer court;

3. File a complaint for deficiency of services;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
3 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the builder has not understood the concept of executing the agreement.
  2. If either of the party breaches any of the condition therein then the breaching party is liable to be sued before the court of law.
  3. You should file a RERA complaint or State consumer forum seeking immediate intervention and direction for the  builder to get to completed or pay you the amount so that you can get it done yourself.

Sanjay Baniwal
Advocate, South Delhi
5249 Answers
12 Consultations

5.0 on 5.0

You can file a suit in consumer forum or regulatory authority(RERA) against builder if he refuse to provide you the apartment with furnishing as promised in the agreement.

Mohit Kapoor
Advocate, Rohtak
8582 Answers
3 Consultations

5.0 on 5.0

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