• Furnishing of Flat buyer's Agreement Twice

Hello. 
i purchased the Flat in 2011 ,a unit alloted to me was on 11th floor, as per Builder buyer agreement , the Builder was supposed to given possession in 2014. But even after paying Rs. 1.10 Crore by 2014 the builder did not give Possession. In 2015 i was informed that a lower unit on ground floor is also available so i sent a mail to builder to shift my unit from 11th floor to ground floor. Builder shifted the unit and executed a fresh flat buyer agreement instead of addendum to previous agreement .Builder has given possession in 2020 , when i asked for delayed possession penalty , builder took refuse of New builder buyer agreement and denied me my right of delayed possession charges which are around rs. 40 Lakhs as per RERA. What are the option i can take against builder???
Asked 1 month ago in Property Law
Religion: Hindu

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16 Answers

1. The builder is technically correct. 

2. Once you execute a fresh agreement in stead of a supplementary agreement the previous agreement is waived and the respective rights and obligations would be governed by the subsequent fresh agreement only. 

3. However whether any merit lies in the event you file case before the consumer forum or RERA Tribunal can be said only when I manage to see the fresh agreement. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

You can very well approach RERA  with a complaint venting out your grievances and seek its intervention as well as justice for the injustice meted out to you. 

Before that you may issue a legal notice to the builder demanding the penalty charges for the delay in handing over possession. 

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Tell me d tera no


Rera

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

You can file a complaint at rera or consumer court. Both options are available you can take one

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

A complaint must be filed against him for unfair trade practices and deficiency in services before the consumer forum.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Your case would not come under RERA because the Act came in 2016 and your project  started in 2011.

You may approach Consumer Forum for deficiency in services of Builder and developer to claim your losses for delayed possession of flat or alternate regular suit for declaration of title and claim of loss under delayed possession of the flat from the Builder. 

Please refer RERA commencement regulations as per Gazette of Government of India and assent of President of India on RERA for effective date of operation to apply to the disputes between flat buyers and Builder. It is  in the year 2016 while your disputed project is of 2011 and has not been registered under RERA Project.

RERA commenced in the year 2016 and your flat booked in the project started in the year 2011.

Question is how would RERA apply to your 2011 project when the RERA did not exist? Isn't it terrible to your facts of the case and knowledge. Is  not horrible state of situation persists around you which has put you in doldrums made you felt paranoid which has paralyzed your common parlance and thinking about your welfare which has been suggested and advised by Senior Advocates and Counsels advising in your best interests? 

If you do not understand your welfare well it is up to you and get the best results as per your convenient and connivance. 

All the best. 

Good Nigh.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

File complaint against builder before RERA and seek orders to direct builder to pay you compensation for delayed delivery of possession 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve a legal demand notice to the builder and then file the suit in the consumer forum for the same. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Was the first agreement registered?

If it was a registered agreement then it is required to be cancelled by executing a deed of cancellation

Also had you paid full stamp duty on the first agreement?

Pursuant to the cancellation you are required to apply for refund of duty from the Collector of Stamps within the stipulated period

I am assuming that the first unit and the ground floor unit have same carpet area and except the floor all other configurations are the same

Also before signing the fresh builder buyer agreement did you even check and read the contents of the agreement?

Did you again pay stamp duty on the second agreement and was it registered?

All the above would determine whether you are entitled to claim compensation for delay

The exchange could not be done by any addendum 

Because the stamp duty would be different depending on the market value of the units in 2011 and 2015

This was not any inadvertent error or any fresh terms agreed between the parties which could be recorded by an addendum

This was about allotment of unit as per the choice exercised by the buyer

So first the 11th floor flat was allotted to you and later you agreed to take the ground floor flat 

So for proper conferment of title on you the new BBA was required to be executed simultaneously with cancellation of the first agreement 

You have signed the second agreement. It will be presumed that you understood the terms of it and except the blanket consents and other clauses not in accordance with law, the other terms regarding the date of allotment would be binding on you and now you cannot claim that the possession date as promised on the first agreement is applicable 

However outside of the second agreement if you have any correspondence with the builder prior to signing the second agreement in which the builder states that the earlier possession date will apply, then there is some hope. But even then the builder can say that upon signing the second agreement that correspondence was superseded. 

So you ought to have carefully gone through the terms of the second agreement before signing and not simply and mechanically signed the agreement as given to you by the builder 

It will be very difficult to lay a claim before Rera now after you signed the second agreement which constitutes a fresh contract between you and the builder and supersedes the obligations of the builder under the first agreement 

Yusuf Rampurawala
Advocate, Mumbai
5757 Answers
35 Consultations

5.0 on 5.0

Hello!

You can file a case before the RERA Court or Consumer Forum and claim compensation.

However, the builder might take the defence of novation of contract and that you have relinquished your right to claim compensation in consideration of getting a flat at ground floor.

For exact legal opinion we will have to look into the documents and the conversations which took place between you and the builder. It is advisable that you consult me or any other advocate for the same before initiating the legal proceedings.

Best wishes.   

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

You can make complaint to RERA and consumer forum for delay possession as per the initial agreement and payment made against that and still he has not fulfilled his promises to complete the construction on time.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

File a complaint in RERA. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Buyer cannot be made to wait indefinite. You are entitle to compensation for delayed possession.

What was the date of delivery of posession in second agreement ? 

Send legal notice to demand compensation, if not paid, file consumer and REra complain.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Did this clause was specifically mentioned in the new agreement. Courts are also strict these days as you cant ripe the fruits in both hands. Even if share the agreement to give a broader frame work

Anand Shukla
Advocate, New Delhi
632 Answers
13 Consultations

4.9 on 5.0

You can file suit against builder before taking possession of unit after taking possession without raising objection you giveup your right to claim penalty from builder. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file complaint against builder before Rera. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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