r.k sharma ( self) 24 September 2014

Deficient services of builder

Dear Friends

I had a booked a small shop i food court in a mall , while paying booking amount, the allotment letter mentioned purchase of shop, but in registered agreement he mentioned lease agreement . We objected but his argument was that since CIDCO has given on lease so they have given . With some purchasers he had signed purchase agreement. The MALL is sold by builders and it is sale - purchase agreement.Mall is not functioning for last 5 years , the agreement has a clause that if purchasers do not lease out shops they will take over and will lease out and pay us the rentals.Mall is not maintained so we have lost po.tential income say rs 300,000 per anum what I can do should i File i consumer court claiming demmurages?

Pl advise

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3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 September 2014

Nowadays Consumer Courts entertain all kinds of cases. You can try.

Advocate Bhartesh goyal (advocate) 25 September 2014

Yes you have two options either you can approach consumer forum or can file suit for specific performance of contract/agreement.

dr g balakrishnan (advocate/counsel supreme court) 07 October 2014

friend,

CIDCO gave a lease of certain period under a sale deed only ; the purchaser resold the part property to all under sale agreement may be under specific clause of CIDCO sale deed of lease; if that clause is not there naturally you cannot buy at all; presume it is there in mother document ;

then the seller can sell only the balance period of lease only subject to renewal by CIDCO of the lease that is all the provisions are available to you sir;

ur buying is only balance lease period subject to renewals by CIDCO!