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rajeevanand   07 February 2016

Builder not in possession of land but executed bba

I booked a house from a reputed builder in NCR region in December 2009. The Builder Buyer Agreement (BBA) was executed in 2010.The BBA states that "whereas the company along with its group of companies, associates and collaborators is the owner in possession of land admeasuring about XXX acres falling in the revenue estate of villages XXX ." I have so far made payments as per construction link plan corresponding to commencement of earth work at site. The builder has neither given me possession so far nor has he given any assurance of likely date of possession. It has recently become known to me that the plot where I have been allotted the unit is not in possession of the builder. In light of the fact that the builder has categorically stated that he is in possession of the land on which I am being allotted a unit, can I hold him liable for breach of trust. What are the provisions of property law in this regard?



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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 February 2016

Breach of trust is not an option here . The actual criminal offence that would be attracted would be cheating u/s 420 IPC . I have at least ten cases in which builders have done this and hence I am aware that this is a common practise . The best option for you is to firstly file a recovery suit and demand your money back . Thereafter also file a cheating case against the builder before the concerned magistrate . Builders usually settle their cases asap and hence recovery suit before civil court is the best option . Don't go for a consumer case as they don't take them too seriously.

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