Rajat Agarwal (Director) 27 October 2013

One sided builder buyer agreements

I have got into a dispute with my builder due to non-delivery of flat even after 4 years of booking and not paying any penalty for the same.

He got a one-sided Agreement signed and refers to that whenever I confront him. He has even cancelled my flat after enjoying on my money for four years. People here must be aware of such agreements as they are just copy pasted types for all builders nowadays.

I have filed a consumer case in district forum and final order is awaited.

My questions are:-

1) Can builder actually take advantage of such one sided agreements which he gets signed just like we sign bank account opening forms without reading. (Actually, they dont give time to read even if we want)

2) Can he charge for open spaces in name of parking although it was in agreement but there is an order against selling parking spaces by Hon'ble Supreme court.

3) He is very much interested to get the case be transferred to Civil court rather than Consumer Forum. Does he have any right to proceed civil court, even if the District forum order is in my favour (which I am very confident of getting).

4) He will certainly create problem in executing the order of district forum. What all options will I have then.

I have posted all my doubts so as to be prepared with my options after I get the final order from District Forum at Delhi.

Response will be highly appreciated.

Thanks & Regards,

Rajat, Delhi

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 October 2013

If the case is pending in district forum, no civil courts will entertain the same case with the same cause. District fourm order can be challenged in State commission.

Rajat Agarwal (Director) 27 October 2013

Thanks a lot Ramachary ji..

So that answers my one query..

My second question.. regarding these one-sided agreements.. Which many of flat buyers face nowadays..

What is the remedy if we have trusted the builder and entered into such agreements.. (these agreements are being considered as abusive against flat buyers.. and was very logically brought down in CCI order against DLF [Press release on Competition Commisssion of India impugned order against DLF])

Will consumer courts only pass order keeping in mind that we have done an agreement with builder..

or will they consider the facts on unfair trade practice being adopted by builder.