• Cheated by builder

I booked a office space it was told to me that for 9 years they will lease my unit at market price, but at time of registration they changed this clause to 3 years and for first lessee. lessee has surrendered my unit back to me after six months and builder is not taking any responsibility to  get it leases.
this unit is in remote area of greater noida and cannot be leased out in open market.
please suggest what to do.

regards
Munish
9971616069
Asked 2 years ago in Property Law from Noida, Uttar Pradesh
Hello,
If there is a specific clause in the agreement that the premises would be leased out for 3 years by the builder you can send a legal notice to him for specific performance.
Since he has already got a lessee for you in a way his responsibility is over.It is not his responsibility as the lessee discontinued after six months.
What you should have done was to get the lessee get you a substitute or compensate you for premature termination of the lease.
Why don't you find a lessee by advertisement or agents?
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi, first you have to see is there any agreement in writing that they will lease your unit for 9 years at market value........ if so  then you have to file a suit.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
See all these things are written as agreement.in the deed they reduced yo 3 years but since they surrendered within 6 months it amount to deficiency so immediately file a suit for violating the condition and deficiency and claim damages.fike a criminal. Axe too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) issue legal notice to builder that as per terms and conditions of purchase of office unit builder was liable to find lessee for 3 years .

 2) since first lessee has surrendered unit after 6 months it is responsibility of builder to find another lessee  for balance period . 

3) if builder fails to respond move consumer forum against the builder for deficiency in service and for compensation
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
A. The Builder has bounden duty to resolve this matter because of violation of the  terms and conditions which is mentioned in office purchase.

B. Issue legal notice to the builder to resolve this matter expeditiously or else approach Consumer Forum under Deficiency in Service for damages.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
Lease is not a consumer related matter,lodge a complaint to the Greater Noida Industrial Development authority.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. The terms and conditions incorporated in the agreement remain sacrosanct for all practical reasons. Since the agreement fixed on the builder the responsibility to find the lessee for 3 years immediately following the date of registration of agreement the builder cannot now evade his responsibility. After surrender by first lessee the builder is now under a legal duty to find the lessee for subsequent 30 months. This duty cannot be shrugged in any manner by him.

2. You should forthwith issue a lawyer's notice to the builder reminding him of his obligation. If he does not comply with the notice then move to court to take out proceedings for breach of contract against him and claim compensation and damages from him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You can not file a consumer case as it involves availing of commercial services. You can claim damages from the builder for breach of contract in a civil suit. In my opinion it is purely a civil matter and it can not be said that the builder had any intention at the start that he would not help you to lease out the premises. Hence a criminal complaint of cheating can not be made out.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. You said that 'it was told to me that for 9 years they will lease my unit at market price',

2. Was it just tole or you had executed and registered an agreement having the above clause,

3. If it is that 'they had told you' the above without any witness and no specific agreement in this regard was executed, then just forget the matter since you shall have to prove your allegation with evidence,

4. If it was a verbal assurance without any witness, then do not unneceassarily burn money in filing case which you can not win,

5. If you have an agreement to thgat effect, then file a specific performance suit agsint the builder immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi,
1. Send the legal notice and file a civil suit , since the agreement between you and the builder shows a clause ensuring that he will  lease out the premise for three years , he is liable to you.
2. you can file a  suit for specific performance in the civil court.
3. A consumer complaint is not maintainable as you do not come under the definition of the consumer because you have purchased it on commercial purpose which the clauses of the agreement will show.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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