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DEBJIT GHOSH (SERVICE)     30 November 2018

Payment of instalments without execution of agreement

After payment of booking amount @ 10% of the consideration amount, builder sent me a draft copy of the agreement. The terms & conditions of the agreement are biased towards the builder & I denied to sign the same unless corrected to the extent of being neutral. The bulilder is demanding the instalments without ececuting the agreement & threatens me to cancell my booking & dismiss the booking amount. In the eyes of law can a builder demand for further installments without executing any agreement & in case of non payment of installments as per his demand, can he dismiss the booking amount ?.



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 2 Replies

Suri.Sravan Kumar (senior)     30 November 2018

you are absolutely right. without executing the agreement the builder cannot demand instalments. If he does so it amounts to deficiency of service. when there is no written agreement the qstn of dismissing/forfeiting the booking amount does not arise.

DEBJIT GHOSH (SERVICE)     01 December 2018

Pl tell me the Section & clause of law that prohibits demanding installments without execution of agreement. Thanks


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