I booked a flat with a builder in Pune in 2014. At the time of booking, I was assured possesion in july 2017. I paid booking amount of rs 300000.
I registered the agreement in 2015 and obtained the registered agreement after few days from builder office. I paid stamp duty, registration and further 300000 to builder before registration.
The builder has included following clause regarding possesion.
"The promoter shall give possesion of unit to purchaser on or before 36 months on receiving the entire balance consideration amount and other dues from purchaser."
I am confused because I will pay slab wise and expect most payments will be completed by 2016. Does this clause mean that builder can give possession only in 2019?
I dont remember seeing this clause at registration when I signed the agreement papers. Further, the page with this clause on it does not have my signature also, but has the seal of the sub registrar.
Is it possible to cancel this clause and put a new one with exact date of possesion ie in 2017?
What are my options to protect my interests?
Asked 9 years ago in Property Law
Religion: Hindu
since I have not signed at the bottom of the page with said clause, can the agreement be declared null and void and I claim all money including stamp duty and registration from builder?
If builder agrees to give in writing of possesion date in 2017, does it have to be registered?
Asked 9 years ago
I have been talking to the developer to change the clause as per your legal suggestions. However, developer refuses saying there is no need and he will have to then change for all the buyers. I have asked for refund of my money including stamp duty and registration. The developer agreed to refund after deducting Rs 50000 citing this is in the agreement. However, the clause mentions if there is a breach by purchaser. Ihave paid ontime and have committed no breaches. Also, he refuses to pay for stamp duty, registration, Vat and service tax charges incurred by me. Can I demand full payment and also stamp duty charges from the builder on the basis that agreement can be void? Or what options do I have to recover dues? In a situation like this, do courts give judgements in builders favour or buyers?
Also builder is asking me to sign a document that says that I accept the amount offered by him and will not seek legal recourse to recover more dues. Is this legal and am I binding to it if I sign?
Asked 9 years ago