Specific performance
Sharad Mohan Krishna
(Querist) 14 April 2015
This query is : Resolved
I had entered into an Agreement to sell for purchase of an underconstruction property at Gurgaon in Nov 2011. The seller defaulted and there were a spate of emails (on gmail) exchanged and final email from him happened in end-April 2012.
Technically, I am almost on the verge of the Limitation Period. Will my case for ‘Specific Performance’ hold much ground/weight?
Also, under the Information Technology Act, emails are accepted as valid communications. Is that true and thus defendable in a civil case?
Kappil Cchandna
(Expert) 14 April 2015
Sir,
Better is to send the legal notice for performance of contract and save the period of your limitation.... Emails 100% acceptable ....
Warm Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 14 April 2015
Specific performance suit do not require a notice, if you are running out for limitation, straight away file/proceed.
That is the only legal option available to you at this belated stage as you have already lost time to file consumer complaint.
prabhakar singh
(Expert) 14 April 2015
Limitation is three years from last promise
and a plaintiff claiming specific performance of an agreement to sale has to prove that through out consistently he has been ready and willing and is still ready and willing to perform his part of contract.
Emails are admissible in evidence.
ajay sethi
(Expert) 14 April 2015
agree with experts
Guest
(Expert) 14 April 2015
Last exchanged communication, which keeps the matter alive, matters much for the purpose of limitation.
R.K Nanda
(Expert) 14 April 2015
u can file said suit and emails are admissible in evidence.
Kumar Doab
(Expert) 14 April 2015
Agreed with experts and as advised Approach an able lawyer ASAP and proceed further under advise of your lawyer.
S.Sankarasubramanian
(Expert) 14 April 2015
Dear brother
Issue legal notice to the seller/ construction company and procced under Consumer Protection Act for deficiency in service and other provisions available, through your advocate or consumer organisation.
S.Sankarasubramanian,
Advocate,
Dr J C Vashista
(Expert) 15 April 2015
Dear Sh. Sankarsubramanian, Advocate,
You will agree the author has stated inter alia, that "...final e-mail happened from him up to end-April 2012....". In such a scenario it is almost 3 years before today, therefore, limitation for Consumer complaint is already over/expired in April 2014.
The only silver lining to prosecute the builder, qua limitation, is by filing suit for specific performance, which is 3 years.
Regards.
Sharad Mohan Krishna
(Querist) 16 April 2015
Thanks for all the replies. But my email has been possibly misinterpreted. The ATS was done with an original allottee of an underconstruction property.
Also, I am unable to understand the contention of Dr Vashista that the limitation period ended in April 2014..???
Three years from 26th April 2012 end on 25th April 2015. Pls correct me if I am wrong. Also, my lawyer says that my case is on a weak ground since I am much delayed in filing the case. The court is NOT interested in listening to my personal problems that I had faced - I lost my mother and my brother during this period PLUS there was a major fire at my residence resulting in damage to almost 70% house and me sustaining 35% burns and hospitalised for 4 months. Is my case weak?
Thanks... Sharad
Sharad Mohan Krishna
(Querist) 19 April 2015
I haven't received any revert on my further query 3 days ago.
Pls answer.
Thanks
T. Kalaiselvan, Advocate
(Expert) 19 April 2015
Dear Author,you should understand that expert Dr. Vashista was mentioning about the limitation that barred with the consumer forum,but he did say that you can go ahead with a suit for specific performance of contract through civil court. The limitation for this is three years, but you should see how you compute this three years period.
Sharad Mohan Krishna
(Querist) 21 April 2015
Thank you Mr Kalaiselvan for your advise. Just one point which I need understanding one... for the purposes of Consumer Court application, how is the limitation period calculated? Thus, if I have last interacted with the vendor on 30th April 2012, how will the limitation period for the consumer court get calculated?
Thanks.. Sharad MK.
Dr J C Vashista
(Expert) 21 April 2015
Dear Mr. Sharad Mohan Krishna,
1. Do you want some legal advise or interested in some academics to gain professional knowledge, let it be clear???
2. Read my reply again where I have made amply clear to file suit for specific performance without further loss of any day, your case is at the brink of limitation.
3. Just forget any chance to move to consumer forum in the given circumstances.
T. Kalaiselvan, Advocate
(Expert) 21 April 2015
Dear author, well if you are really looking for some solution you have act fast on the advise repeated by our expert Dr. Vashista, or if it is for academic gains, just ignore all the advises given here.
