Request for clarification
Bulu
(Querist) 30 August 2014
This query is : Resolved
I had executed an agreement having deed no. xxxxx dated 29.02.12 for purchase of a residential space for building construction on 29.02.2012 between landowner- cum- builder and myself. I had paid Rs. Six lakhs fifty thousand (Rs. 6,50,000/- )as a advance towards the same . But due to some personal reasons, I had cancelled my agreement by way of lawyer notice on 11.04.2012 which was as per agreement clause number 19 “That in case this agreement becomes void or is cancelled by either party, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges per annum and is cancelled by first party then first party wiil pay15% cancellation charges per annum to second party.”
I am very much interested to know
1)cancellation charge 15% based on amount paid (i.e.Rs. 6,50,000/) or total value of flat (i.e.Rs. 30,00,000/)
2)Time for calculation of cancellation charge is 0.112 year(i.e 31 days) or 01 year
3) Builder has claimed for demolition charge which is not mentioned in the agreement , please clarify whether it is legally chargeable
ajay sethi
(Expert) 30 August 2014
cancellation charges would be based on amount paid . terms of agreement are sacrosanct . it is necessary to go through agreement signed between parties to advice
Bulu
(Querist) 30 August 2014
Please clarify the other two
1)Time for calculation of cancellation charge is 0.112 year(i.e 31 days) or 01 year
2) Builder has claimed for demolition charge which is not mentioned in the agreement , please clarify whether it is legally chargeable
ajay sethi
(Expert) 30 August 2014
if demolition charges are not mentioned in agreement builder cannot claim the same
Bulu
(Querist) 30 August 2014
Please clarify the
1)Time for calculation of cancellation charge is 0.112 year(i.e 31 days) or 01 year
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
The cancellation charges of 15%p.a will be on pro rata basis only, so calculate the same from the date of agreement till the official date of cancellation.
DR.VEDULA GOPINATH
(Expert) 31 August 2014
kindly give send me a copy of agreement to my email id vgnath@gmail.com to give a valid opinion.
dr vedula gopinath
advocate high court
vgnath@gmail.com
09866013121
Anand Bali Adv.
(Expert) 31 August 2014
1) The calculation of the 15% p.a.interest will be calculated up to the dated of the actual payment from the date of the cancellation i.e in days.
2) The calculation of the interest will be only on the part of the payment which actually have been paid and not on the total amount of the project.
3) The inherent meaning of the said agreement includes demolition also as how a construction can be made with out demolishing the old structure so here the intention of the parties has to be considered and not the verbatim wordings of the agreement. Always it is the intention which has to be comprehended in the agreements. Thus the demolition charges has to be charged and ought to be paid.
Bulu
(Querist) 01 September 2014
With reference to demolition charge , it is not the agreement, only 15% cancellation charges. Also have only 20% of the total value . Nobody has witness the construction. before my agreement floor and roof was made but nobody has witness.But the bank loan document after 10days of the agreement shows floor and roof was made.I have canceled my agreement after 40days. Request for clarification for demolition charge claimed by builder
Anand Bali Adv.
(Expert) 01 September 2014
for more clarifications and proper advise you are requested to send me a detailed PM or mail on my ID.
Bulu
(Querist) 01 September 2014
I don't know your PM or mail on my ID.
please send me
Bulu
(Querist) 02 September 2014
With reference to demolition charge , it is not the agreement, only 15% cancellation charges. Also have only 20% of the total value . Nobody has witness the construction. before my agreement floor and roof was made but nobody has witness.But the bank loan document after 10days of the agreement shows floor and roof was made.I have canceled my agreement after 40days. Request for clarification for demolition charge claimed by builder It may be noted that that every thing was constructed as per builder approved drawing
Anand Bali Adv.
(Expert) 02 September 2014
PM Option is there if you visit my profile and my mail ID is advicelaw1@gmail.com
Please note professional counselling is on charge only.
Bulu
(Querist) 03 September 2014
With reference to demolition charge , it is not the agreement, only 15% cancellation charges. Also have only 20% of the total value . Nobody has witness the construction. before my agreement floor and roof was made but nobody has witness.But the bank loan document after 10days of the agreement shows floor and roof was made.I have canceled my agreement after 40days. Request for clarification for demolition charge claimed by builder It may be noted that that every thing was constructed as per builder approved drawing
Bulu
(Querist) 04 September 2014
With reference to demolition charge , it is not the agreement, only 15% cancellation charges. Also have only 20% of the total value . Nobody has witness the construction. before my agreement floor and roof was made but nobody has witness.But the bank loan document after 10days of the agreement shows floor and roof was made.I have canceled my agreement after 40days. Request for clarification for demolition charge claimed by builder It may be noted that that every thing was constructed as per builder approved drawing Please advice
