• Restrictive practice of builder

Builder has delayed hand over of flat for more than 12 months. 95% payment already made. Even now drinking water, drainage and metered electricity not provided. CMDA completion certificate has just been obtained and with that the builder has to apply to the respective Government agencies for water, sewage, etc. The builder permits take over of the keys for the buyers to do interior works provided they undertake not to claim any compensation for the delay and not to move in until the builder permits. Some people have already given the undertaking and taken the keys. We are in a hurry to do the interiors as we will have to leave for USA next month. If we give the undertaking not to claim compensation, will we estopped from claiming it in future even when some other buyers get it through consumer forum / courts.
Asked in Civil Law from Chennai, Tamil Nadu
The option for getting the relief through consumer forum is always open if you approach the forum within two years from the date of incidence denoting deficiency in service.  The undertaking is just an eye wash  and mode discovered by the builder to create a sense of fear in your mind.  You take over the premises, complete your works by giving the desired undertaking and later on come back and sit on his neck for the compensations or reliefs. 
T Kalaiselvan
Advocate, Vellore
18784 Answers
176 Consultations

5.0 on 5.0

1) dont be in hurry to take vacant possession of flat 

2) wait for builder to obtain occupation certificate . 

3) if builder has delayed delivery of possession of over 12 months he is bound to pay you interest for delay in delivery of the flat 

4) dont sign any undertaking . builder cannot deliver possession of flat unless OC is obtained that building has been completed as per sanctioned plans 

5) if you give such undertaking builder will take the defence that you had undertaken not to claim any compensation of delay in delivery of possession 

6) it will unnecessarily weaken your case before consumer forum 

Ajay Sethi
Advocate, Mumbai
28605 Answers
1553 Consultations

5.0 on 5.0

If you give the undertaking desired by the builder then you will forfeit your precious legal right to move the appropriate court against the builder to enforce his liability.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

1. No. You can claim that you were put under duress by the builder to give such undertaking since otherwise he refused to give possession,

2. There can not be any undertaking that one will not take any legal course of action,

3. Such undertaking is void at law,

4. Take possession of the flat and after that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming compensation foe the delay with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
13964 Answers
310 Consultations

5.0 on 5.0

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