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Amit Jain   23 April 2023

Compliance issues

Hi Expert

I have purchased a plot in RERA approved project in April 2022.

First of all builder has just given a welcome letter regarding the booking of plot in my name and a receipt of booking amount. But the builder has booked the plot which was freezed as per town and country planning. Is it legal?

Secondly builder has not registered builder buyer agreement till date. Isn't it mandatory to register builder buyer agreement.

Thirdly builder has given offer for possession whereas builder has not received occupation certificate regarding the project. Is it legal?.

Last but not the least, builder has cancelled my booking due to non payment of rest amount as per payment schedule and forfeiting 10% of booking amount. Can builder fofiet the amount paid against the booking of plot under above mentioned pendency?

Note: Builder has not provided any allotment letter till date... 

Please suggest what should be done.

Regards,

Amit 

 

 

 

 

 

 

 



Learning

 1 Replies

Ronald Sanders   15 May 2024

Hello,

Here are some points to consider:

1. Freezing of plot: If the plot you purchased was frozen or had any legal restrictions imposed by the town and country planning authorities, it raises concerns about the legality of the transaction. It's important to review the relevant town and country planning regulations and consult with a lawyer to understand if the builder's actions were in violation of those regulations. undertale yellow

2. Builder Buyer Agreement: In many jurisdictions, it is mandatory for builders to register the builder buyer agreement. This agreement outlines the terms and conditions of the purchase and protects the rights and obligations of both the buyer and the builder. It's essential to check the specific laws and regulations in your jurisdiction to determine the requirements for registering the agreement. If the builder has not registered the agreement, it may raise legal concerns and affect your rights as a buyer.

3. Possession and Occupation Certificate: It is generally advisable for a builder to obtain the necessary occupation certificate before offering possession of the property to buyers. The occupation certificate is issued by the competent authority after verifying that the construction is in compliance with the applicable building codes and regulations. If the builder has offered possession without obtaining the occupation certificate, it could be a violation of the relevant laws and regulations.

4. Booking cancellation and forfeiture: The terms and conditions related to booking cancellation and forfeiture should be clearly outlined in the agreement or booking documents. It's crucial to review the documents you received from the builder, including the welcome letter, receipt, and any other relevant communication, to understand the terms and conditions regarding cancellation and forfeiture. If the builder has canceled your booking and forfeited a portion of the booking amount, it should be in accordance with the terms agreed upon in the documents.


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