Cancellation of agreement to sell

dinesh kumar (Querist) 19 December 2011 This query is : Resolved
I HAVE PURCHASED A SHOPOF 1230SQFT IN A MALL ON GROUND FLOOR ON 30/06/2009@8000WITH A DISCOUNT OF 10% FOR FOR ONE TIME PAYMENT & BUILDER HAS ASSURED IT TO COMPLETE INA YEAR WITH GRACE PERIOD OF SIX MONTH.I HAVE AN AGREEMENT WITH BUILDER.NOW WHEN BUILDING HAS GOING TO BE COMPLETE BUILDER HAS GIVEN ME A LETTER TO CANCEL THE SHOP DUE TO CHANGE OF PLAN FROM INDIVISUAL SHOP TO ENTIRE HALL.THEY HAVE GIME ME A OPTION TO SHIFT IN OFFICE ON 4TH FLOOR MEASURING 2300SQFT.WHAT I SHOULD DO?CAN I GO TO COURTFOR MY SHOP ONLY OR COMPROMISE WITH SHOP.IF I GO TO COURT CAN COURT WHAT WILL HAPPEN /POSSIBLE ?WHEN I INSIST TO BUILDER TO HAND OVER THE SHOP ,THEY CONFESS THAT WHEN ENTIRE PLAN HAS CHANGED ,HOW I CN GIVE/REGISTER YOU THE SHOP WHICH EXITENCE IS
NOT THERE.

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Devajyoti Barman (Expert) 20 December 2011
Immediately file a suit for specific performance of contract and injunction.
The builder can not alter the plan at his sweet will jeopardising your future business plans.
Alternatively you can file case under Consumer Protection Act and apart from the same reliefs you cn claim damages as well.

Raj Kumar Makkad (Expert) 20 December 2011
You should file a reply against the letter received from builder seeking your acceptance of alternate place in strong way and thereafter should serve him with a legal notice from your lawyer seeking execution of already entered document claiming huge damages. Before proceeding further, it shall be necessary for you go in depth the terms and conditions of already executed agreement to the effect whether the builder has given a right to cancel the agreement subject to any condition. if such term is prevalent then it shall be good to go for refund of excess amount changed with interest and damages and meanwhile alteration should be accepted under protest.

If there is no term for cancellation then it shall be good to agitate under suit for specific performance.

Guest (Expert) 20 December 2011
Agree with experts.

ashutosh mishra (Expert) 20 December 2011
agree with experts.

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