Filing legal case even after giving affidavit to builder

RAJESH CHOPRA (Querist) 30 July 2025 This query is : Resolved
I was to get a flat from the builder after a wait of 15 years
The builder got the OC, and when I was about to get the flat, he went into liquidation under IBC
Thereafter, the builder under the pressure of Interim resolution professional took an affidavit from me & all that I will not file any case for any type of dues. where as the builder was to give me my delay penalty as per agreement of BBA.

Now, since I have got the flat and registry done, can I now go to the court and file a case, saying that affidavit was taken under Coercion or threat of not giving possession till I give affidavit?

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Quick Summary

You've waited 15 years for a flat, only for the builder to enter liquidation. After signing an affidavit under pressure from the Interim Resolution Professional, you've now received possession. The key question is whether you can still pursue legal action for unpaid delay penalties, especially if the affidavit was given under duress. Legal experts suggest that such affidavits are often voidable and you may have grounds to file a case within three years of signing it, as the conditions imposed were likely illegal and not binding.

T. Kalaiselvan, Advocate (Expert) 30 July 2025
You can very well make a claim within three years from the date of making this affidavit for the same reasons what you have stated here.

P. Venu (Expert) 30 July 2025
Such affidavits are voidable, if not void.

Dr. J C Vashista (Expert) 03 August 2025
It is better to consult a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding

N.K.Assumi (Expert) 18 August 2025
The conditions imposed by the builder is illegal, immoral and against the Law, and will not be binding on you. As for Affidavit it is just a piece of paper, and not an evidence.

Dr. J C Vashista (Expert) 22 August 2025
Is it a proposal of RP in liquidation proceeding of the builder qua handing over flat to you or it has been approved by competent authority ???

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