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M.D.TU.I (je )     28 November 2012

Builder harassment

  DEAR SIR,

 
 
 
 
      
             MY QUERY IS
   CLAUSE IN AGREEMENT IS AS BELOW
THAT UPON THE PURCHASER TAKING POSSESSION OF THE SAID FLOOR, HE SHALL HAVE NO CLAIM AGAINST THE SELLER,IN RESPECT OF AREA,QUALITY,CONSTRUCTION OR FOR ANY DESIGNS,BUILDING MATERIAL USED OR ANY OTHER REASON WHATSOEVER
NOW THE BUILDER HAS OFFERED THE POSSESSION,BUT IS DEMANDING THE INDEMNITY/UNDERTAKING AS GIVEN BELOW
THAT I DO HEREBY AGREE AND UNDERTAKE THAT I SHALL NOT RAISE ANY CLAIM OR DISPUTE, WHATSOEVER,MONETARY OR OTHERWISE,AGAINST THE VARIOUS CHARGES ALREADY,DEPOSITED WITH THE COMPANIES BEFORE OR AT THE TIME OF TAKING OVER OF THE PHYSICAL POSSESSION OF THE SAID FLOOR.

1 IF I SEND THE LEGAL NOTICE TO CEASE AND DESIST FROM SUCH PRACTICE,I AM SURE ,THE BUILDER WILL NOT GIVE THE POSSESSION
2 ALREADY,WHEN THE BUILDER RAISED THE COST DUE TO INCREASE IN SUPER AREA,I MADE THE PAYMENT UNDER PROTEST,THE BUILDER WARNED ME THAT FLAT IS AT RISK.THEN I HAVE TO WITHDRAW MY PROTEST
KINDLY SUGGEST ME WHAT ACTION I SHOULD TAKE

                                                                                               THANKING YOU IN ADVANCE
                                                                                               M,D.TULI
                                                                                                2208 SECTOR -3 FARIDABAD  DEAR SIR,
 
 
 
 
      
             MY QUERY IS
   CLAUSE IN AGREEMENT IS AS BELOW
THAT UPON THE PURCHASER TAKING POSSESSION OF THE SAID FLOOR, HE SHALL HAVE NO CLAIM AGAINST THE SELLER,IN RESPECT OF AREA,QUALITY,CONSTRUCTION OR FOR ANY DESIGNS,BUILDING MATERIAL USED OR ANY OTHER REASON WHATSOEVER
NOW THE BUILDER HAS OFFERED THE POSSESSION,BUT IS DEMANDING THE INDEMNITY/UNDERTAKING AS GIVEN BELOW
THAT I DO HEREBY AGREE AND UNDERTAKE THAT I SHALL NOT RAISE ANY CLAIM OR DISPUTE, WHATSOEVER,MONETARY OR OTHERWISE,AGAINST THE VARIOUS CHARGES ALREADY,DEPOSITED WITH THE COMPANIES BEFORE OR AT THE TIME OF TAKING OVER OF THE PHYSICAL POSSESSION OF THE SAID FLOOR.

1 IF I SEND THE LEGAL NOTICE TO CEASE AND DESIST FROM SUCH PRACTICE,I AM SURE ,THE BUILDER WILL NOT GIVE THE POSSESSION
2 ALREADY,WHEN THE BUILDER RAISED THE COST DUE TO INCREASE IN SUPER AREA,I MADE THE PAYMENT UNDER PROTEST,THE BUILDER WARNED ME THAT FLAT IS AT RISK.THEN I HAVE TO WITHDRAW MY PROTEST
KINDLY SUGGEST ME WHAT ACTION I SHOULD TAKE

                                                                                               THANKING YOU IN ADVANCE
                                                                                               M,D.TULI
                                                                                                2208 SECTOR -3 FARIDABADvvvvvvv


 3 Replies

sanjeev kumar (cleark)     15 September 2013

Hello Tuli ji,

How u handled it ? I am also facing same problem. Can u expalin. Thnaks in advance Sir.

 

 

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     20 October 2013

Since no Lawyer has posted anything on this basic question . I think that Home is a basic necesity of life, as the saying goes"ROTI,KAPDA & MAKAAN". Government has outsourced this duty to Builders in order to Enhance corruption and earn easy unaccountable money. this is a win win association between builder & Neta ji where both parties are creating Black money to support each other, The example to this is Haryana CM Mr Hooda showing full support for Robert Wadra and in turn DLF gettinghuge deals from the Government, & whistleblowers being victimised. 

But I thing such BINDING & ONESIDED  agreements by Builders with Home buyers can be easily defeated in a court of Law. Because this is nothing but Extortion, EK TO CHORI UPER SE SEENA JORI, . This is a attemt to Threaten weak hearted persons , and cannot stand in court of Law. 

Experts PLS ADVICE.

NAVEEN ARICHWAL (Senior Resident Emergency medicine)     20 October 2013

This is  just equivalent to forcing a  Lady to  give written consent for RAPE.


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