• Builder refusing to provide Builder Buyer Agreement in Noida

Hello sir,

I have booked an under construction property with one of the builders in Noida in year 2012. At this moment to pay against raised by the builder , I am trying to avail home loan from employer ,a PSU.

One of the documents as per employer list for availing housing loan is Builder buyer agreement.
But my builder is refusing to provide the BBA stating that as per UP apartment act 2010, BBA is not required any more , so builder is providing me only Allotment letter.
But my employer is not convinced with allotment letter.

Can you help me what I can do in this regard.

Your help would be very much appreciated
Asked 1 year ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu
The builder cannot refuse the said the agreement.  Actually the BBA will contain the terms and conditions of the property to be purchased.  This will specify the liability of the builder as well as the buyer and the conditions for breach of contract.
You should insist the builder to provide you with the said agreement.  It is incorrect to say that the builder buyer agreement is not existing in UP as per the quoted law, it is still very much effective but the said rules are applicable for a different sector  construction  .If the builder is not cooperating you may ask him to terminate the contract and refund the  entire amount because he is not obliging as per rules. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Yes this will be treated as deficiency of service by the builder.  He has to provide the said agreement without which how will you come to know all the hidden dangers awaiting to trap you for extortion to solve them.
You have to be very strict and vigilant to save and secure your interest in the property.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
The U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011 provides for a complete code for regulating the rights, duties and liabilities and for resolving the issues and disputes between the promoters and the apartment owners

Immoveable property cannot be sold under any letter of allotment. It must be by an agreement or conveyance in favour of the purchaser by the vendor. Although the general impression is such that the sales agreement holds supreme importance in property deals, the allotment letter comes in when you are deprived of what you were promised.

Generally Builder buyer agreement executed between the parties for allotment of the flat and schedule of payment. After Complete construction and payment, the possession of the said flat is handover to the Allottee of the flat and builder also executed proper sale deed for the same.

In your case 75 % of the amount already paid .If all the ingredients of a BBA is contain in your allotment letter ,then it is fine other wise you should insist the builder to provide the same. If they are not provided, send a letter of terminate of the contract to the builder and claim /ask full refund. 

You can approach the consumer forums for getting a relief. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Unless the agreement was provided to you by the builder you should not have paid the advance amount or booked the flat.

2. Since you do not want to sue the builder for refund and damages on account of his refusal to provide BBA, you may issue him a lawyer's notice to demand the BBA.

3. If the builder does not deliver the agreement after notice from your lawyer you can go to court to seek appropriate orders to him including the delivery of BBA.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) mere allotment letter is not sufficient 

2) builder should enter into builder buyer agreement with the purchaser 

3)as per "UP apartment act 2010" having a builder buyer agreement & 
 is mandatory, you are supposed to get the 
agreement docuement, registered with authority within 4 months of 
execution of BBA.& do ensure that builder buyer agreement mentions 
"ALL"  the details of l of Terms and conditions plus floor plan, 
building plan, material to be used, specifications , amenities and 
quality to be provided, common area and its use, built up area, carpet 
area, date of completion, detail of ha
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) dont  cancel the agreement and seek refund 

2) it is better you move consumer forum against builder for deficiency in service and obtain orders to direct builder to execute BBA 

3) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi, it is the duty of the Builder to BBA, Suppose if the builder has fail to provide the BBA then ask in writing to provide BBA and if he fail to furnish BBA then go to the Consumer Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. There is no bar in executing a builder buyer agreement though the property can also be bought through the allotment letter and in such case, the brochure for selling and the application for booking acts as agreement,

2. You submit the brochue issued by the builder offering his flats to be sold and also copy of your application for booking the flat wherein the terms and conditions for the said sale has been detailed. These documents alongwith the allotment letter may suffice,

3. In case your PSU refuses to accept those documents, ask the builder to execute an Agreement for Sale to satisfy your employer.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. First try with your employer for the loan by submitting the brochure, application for booking and allotment letter,

2. In case you fail, ask the builder to execute a agreement for sale,

3. In case you fail to convince both of them, you can take the legal course by approaching the Consumer Forum. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0