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Nilesh (doctor)     14 January 2014

Late possesion

I have booked a office space in mumbai suburb's commercial tower in 2011 @ 9000 PSf (area 600 sqft) under prelaunch offer. The progress has been very slow and almost to halt,  now after 3 years, for some reason the builder is planning to change the building to residential.  we already had paid 50 % of the amount @ prelaunch time. The sale agreement is already done for office.

Builder is offering 2 BHK residentail apts with additional area of 600 sqft @ 13000 PSF.  Can we quit from the project , what should be the refund? What happens to the registration and stamp duty charges we had already paid? What if we opt for a 2bhk residential what should be the ideal cost? please advise.



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

Switching over to new scheme is your personal issues, but once an agreement for the original proposal is already in vogue, it is valid, the builder cannot violate the conditions which is breach of contract, you may initiate legal action  by issuing legal notice and a subsequent suit for specific performance of contract.  Consult your lawyer.


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