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Nitin Kotian (Advocate)     04 October 2011

Agreement by builder not given

Sir/Madam,

One of my relative has purchased a flat in Panvel, Navi Mumbai which was yet to be constructed. As per the interactions between the two parties it was decided
a) the building would be cosntructed within 2 years

b) the builder would constrct the layout and obtain the govt permission, post whcih the agreement would be signed

 However he has taken 2 payments of Rs 3 lacs(pament made in cheque & cash) for whcih the receipts has been issued. But now its been 1 and half year the construction is yet to begin and the builder is yet not giving the agreement.

Pls let me know what are the possible remedial steps and what legal action can be taken against the builder.

Regards,
Nitin P Kotian

9819007158



Learning

 5 Replies

Shailesh Kr. Shah (Advocate)     04 October 2011

You already says that "post whcih the agreement would be signed"!!!!

So, who can it executed?

Nitin Kotian (Advocate)     04 October 2011

Hi Sir,

 

I say that after about 1 and half year there is no progress in any construction activity, neither are there any government approvals and there are now no signs of signing the agreement. also he has taken some meney as mentioned before.

Shailesh Kr. Shah (Advocate)     04 October 2011

OK

Make Compalint in the consumer forum.

1 Like

Anumita Sarkar (Tax Advisor/Litigator)     07 October 2011

Do u mean to refer the purchase agreement? allotment form/ purchase agreement must have been signed before making the advance payments. Also refer the correspondence b/w. the builder and the buyer regarding the delay of starting the construction work or deficieny in the services. and then you may file complaint in the consumer forum by enclosing all such relevant documents used in the process of buying the flat. please clarify regarding the cash payments that have been made to the builder. I am asking from the income tax point of view.

1 Like

Sudhir Kumar, Advocate (Advocate)     03 December 2011

First pleas echeck fromrevenue records as to who is the registered owner(s) of the plot.  Some buildiers do not purchase land and only purpose poer of construction on the land, from the land belonging to original dwellers.


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