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Haresh jamnu (GM)     23 December 2010

Acts of ommission by builder

I purchased a property in Pune from a reputed builder.  The builder also gave me a letter that if the possession is not given to me before 31st March, 2010 he is willing to sit across the table and negotiate danages.  The builder could not fulfil his commitment.  Now from May 2010 he is pestering me to take possession and ignoring my request for acting on the letter that he had given me.


What recourse in law do I have?  Please advise


 5 Replies

bhagwat patil (Property due diligence 9422773303)     25 December 2010

you can go for suit for damages by law, but it will not a wise move in Indian legal system as it will take decades together to fetch an amount from builder better you first take possession and fight for damages and always ready for compromise.

1 Like

Bharatkumar (ADVOCATE )     25 December 2010

Yes, first u take a possession then u go for suit  for damages but the Agreement is neccessary for that so any document sign between builder and u for this property. 

1 Like

Haresh jamnu (GM)     27 December 2010

Thank you.  My only worry is the builder may make me sign disclaimers prior to possession hence taking my right to claim damages away

bhagwat patil (Property due diligence 9422773303)     27 December 2010

You had mentioned that he is a reputed builder, in course of law he will dominate you everywhere, he will take the disadvantage of all legal course.and in such situation if doesnt have the possession of flat., it will put in trouble you may not even get back your advances in nearest future.Though it is verymuch hardship on your part in Indian legal system these are the truths,you get in court of law.To go in court and sue for damages is very easy but we have to see beyond .

1 Like

V.T.Venkataram (Advocate and Consumer Activist)     31 December 2010

1. Please take possession of the house

2. After this file a complaint before the Consumer Forum 

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