Terms and condition in registration deed for purchase of a flat in koparkhairane, navi mumbi
S K SINHA
(Querist) 19 July 2014
This query is : Resolved
Madam/Dear Sir,
Recently I purchased new flat from builder. Registration done and possession taken. I am staying in the flat now. Building has 22 flats , 10 flats are purchased by end-users and remaining by an investor. OC is dated January 2014.
In registration deed following conditions are mentioned.
1.After possession is handed over to the purchaser, the purchaser shall have no claim of any nature whatsoever against the builder in respect of any item of work in the said premises which may be alleged not have been carried out, completed or otherwise for any damage and deterioration.
2.Upon possession, purchaser shall shall have no claims against builder in respect of any items of work in the flat.
3. Purchasers can form Society by any name but they cannot change the name of building.
---after taking possession several shortcomings are emerging. We have brought them to the notice of builder verbally and also by registered letter signed by all 10 owners of flat. He is not forming Society also. Do we lose our right to take builder to Consumer Forum due to such conditions that we have agreed to, albeit under ignorance. We trusted builder.
Secondly,can he impose a condition about non changing of building's name?
Thirdly, several features were written and displayed on the brochure , but these have not been provided. Builder says brochure has no meaning, But we were influenced by the contents of the brochure given to us before sale. For example it said that Video-door phone and intercom would be provided, Kitchen shall have tiles up to roof, there shall be arch on the gate etc. Nothing has been provided.
Fourthly, if we go for formation of Society with/without cooperation of builder, shall purchasers lose their right to remedy for common defects/ shortcomings?
Kindly guide . Warm regds,
ajay sethi
(Expert) 19 July 2014
no you dont lose your rights merely because conditions have been imposed by builder in possession letter . issue legal notice to builder . move consumer forum against builder for deficiency in service and seek compensation
you can form society . you dont lose your rights once society is formed .
Rajendra K Goyal
(Expert) 19 July 2014
Better move for forming a society. Agree with the expert.
