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Pranav (Sr.Associate)     12 September 2016

Doubt against Home Agreement clauses

I bought a flat in Thane, Maharshatra in 2011. I have a chain of agreement (agreement between builder and purchaser) which has serious clauses that snatch a consumer's right. The clauses are as below: (I have written in simple language) 1) The promoter or his nominees (or any person authorized by promoter) will continue to have the right and holding on the open spaces, including parking, stilt, and hoarding, advertisements, and/or any other spaces for any consideration even after conveyance of society has been executed and the purchaser cannot raise any objection in future against this. 2) If doing conveyance of society then the above clause need to be entered into the conveyance deed. 3) The installed hoardings and advertising considerations will be held in the name of promoter and his nominees or his appointed authorized persons even after conveyance has been executed and purchaser or any other purchasers will have no right to raise any objections and should not ask for any remuneration to bring down maintenence of society. 4) The promoter or his authorized persons will have the right to inspect any society documents even after society had been registered. (That means they can poke with society affairs and threaten anybody they actually do). 5) Promoters will have the right to construct or remove anything even after society has been registered. Our society was registered in 2012 and we want to go for conveyance deed but I want to know if above clauses are legal in MOFA and should they be considered as binding for all flat owners? Should we go for conveyance without the above clauses? Can we win a case in court against these clauses? Should we file a complaint with the authorities and also get all the hoarding advertising money from society registered date up to today from builder? We sent him a notice of conveyance also but he didn't send us the required documents and its been 8 months.


 2 Replies

Nitish Banka (lawyer)     12 September 2016

if any of the acts of the builder violates your personal rights then go for injunction suit, you can move consumer forum for any deficiency in service on part of builder

Pranav (Sr.Associate)     13 September 2016

Thanks Nitish But are my points valid legally? He has put the conditions in agreement and we have signed it. Doesn't that mean they are binding on us?

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