• Builder not renewing tripartite agreement for No-Pre EMI offer

We purchased an under-construction flat from a builder in October 2018 in Bangalore. The builder promised a no-pre EMI offer till possession. In agreement, the possession date is in June 2021. When we got the tripartite agreement, the expiry date was in March 2020. We asked both the builder and the finance company why the date is not till possession in WhatsApp. Both the builder and the finance company representative confirmed on WhatsApp that the agreement can be done maximum till 18 months. And they will renew it after 18 months(March 2020) for further till possession. Now the builder is refusing to extend the agreement saying they did not make such promises that they will pay pre-EMI till possession.(I have whatsapp message as proof from both builder and finance company representative). I will lose at least 3-4 lakhs because of this. What are the option I have?
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Hi

File a complaint against the builder for fraud. 420 IPC more specifically.

Send him  a legal notice first than you can proceed with the complaint.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. All of you are bound by the terms of the agreement.  In presence of the written agreement there is no admissibility of enforcing terms of the written agreement. 

2. Since the sale agreement is silent about no EMI tiil possession you can't insist upon it anymore. 

3. You were misled in signing the agreement that no sale agreement remain valid beyond 18 months after which it requires renewal.  Had you taken legal advice from an advocate at that time you would not have been in this situation. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

 

1)  file complaint against builder before RERA and seek orders to direct builder to pay EMI till possession as agreed in various messages exchanged with builder 

 

2) in alternative cancel your booking and seek orders to direct builder to refund money paid to him by the bank 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Electronic records does not have any legal validity in respect of any contract for sale of immovable property. 

So you have to go by the written agreement for sale. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You can enforce through the legal framework only those promises which are incorporated in the contract or otherwise reduced to writing.

2. Whatsapp messages do not give rise to contractual obligations.

3. If there is no clause in the agreement about no EMI till possession then you cannot make the builder liable to act to the contrary.

4. Do not fall into the trap of these builders by relying on whatsapp or verbal assurances.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like  Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can file a consumer complaint against the builder before consumer court for deficiency of service and claim compensation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you have documentary evidences to prove what you say here, then first issue a legal notice demanding the builder to pay the EMI till the date of possession as per agreement. 

If the builder refuses to comply with the demand made then you can plan proper legal action against the builder through consumer forum. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,It is valid evidence and you can get issue a legal notice and settle the issue or approach the Consumer Forum.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Take them in the RERA for cheating you.

Seek refund of your deposit with interest.

Consider sending them a legal notice before filing a complaint before RERA. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

- As per the Information Technology Act, electronic communication can be produce as a proof in court.

- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.

- Since, the builder and the finance company is refusing for the same, then you should file a complaint before the RERA for getting order /direction in your support. 

- Further , you can cancel the booking due the mistakes of builder , and the builder is bound to refund the entire amount with 10% interest due to non complying its clause. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

You are suggested to serve a legal notice to the builder for pre-EMI as per its promise. If not done by builder, then file the case in the RERA Court for the same.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

See you may file a complaint before the consumer court, the builder and finance company has mis represented by saying that only 18 month agreement can be done. File a consumer complaint seeking the amount from the builder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Concerned. 

 

Without delay file a RERA complaint, with all your grievance, by the time lockdown gets over your matter will be listed to the court and you will certainly be able to get your interest and delay penalty. 

 

 

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

You can cancel the sale and demand refund with interest.

Take print of what's app chat. 

If you want the property than have to file consumer complaint and also complain to RERA.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You should file a complaint against the builder in the RERA TRIBUNAL after the lockdown opens.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You cannot rely on messages, they will disown the said messages, it will be very difficult for you to prove the same.

You can lodge complaint with RERA seeking directions against the Builder to pay EMI till possession is given to you by June, 2021.

OR

If you do not want to get disturbed, issue notice of cancellation of the agreement and seek refund of amount paid by you after deducting cancellation charges.

OR

You can issue notice to the builder to pay EMI till possession is given to you, in case, if he fails to do so, you can file Case before Consumer Forum seeking direction from Forum against the Builder to comply with payment of EMI and also claim damages for mental tensions you faced due to acts of Builder.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

After lockdown send them a legal notice and file a case in the consumer forum.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

you can file a criminal complaint with the police. Also, approach the Consumer Forum for the deficiency in service where you can claim damages and refund of your money.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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