1.I have not yet not received builder-buyer agreement (BBA) yet, so have not signed it and submitted it to the builder, does this weakens my case?
No, it will not
Builder buyer agreement is the most important document when you buy a property. Unfortunately it is not given the due attention it deserves.This agreement contains all terms and conditions of the sale and covers remedies of defaults by either party. A balanced Builder Buyer Agreement should ensure interests of both parties are protected.
The challenge is that the Builder has experience of many years in drafting these agreements and he is also supported by legal teams within his organization, where as the buyer almost always lacks these. Even if the buyer wants to, he either due to lack of time or lack of guidance does not review the agreement in detail before signing. The result is a skewed agreement in favour of Builder.
Most critical points one should not miss out on when reviewing a Builder Buyer Agreement :
Project time line.
Inclusion of Penalty clause in case of delayed offer of possession.
Quantum of this penalty
Force majure clause
Total amount to be paid by the buyer including all charges (Refer the total cost aricle)
Penalty & Interest on delayed payment
Clauses related to change of building plans & area and its impact on price
Remedies of failure on the part of developer to complete the project – Refund of payments with interest
Transfer process and transfer charges.
Remember it is obligatory on the part of developer and also in your interest to sign this agreement when making the first payment.
SEBI has made clear points in this regard which will further help you out.
3. how it is advisable plea in "LOK ADALAT" on basis of fraud?
Why lok adalat, he can be drawn to consumer court itself.