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Ravi (NA)     15 July 2013

Purchase of plot on mou

Hello Lawyers,

I needed to seek some redressal from this forum, I had actually Purchased a land in Raigard dist Pune. 

The Real estate firm who sold provided me with a MOU which said that the "If in Case of cancellation by customer himself, 10% of the toatal amount paid till date would be deducted as the Process chareges. 

But Unfortunately the Owner Firm says that the land has been acquired by the MIDC. And he says that we would be providing you land in other area. 

So I would like to ask, If I am not interested in buying the other compensating land and would like to withdraw my token amount from the firm still I would have to bear the loss of 10%. because all the clauses are in respect to the plot we entered into the agreement. 

 

Pls help common ppl like me

 

Regards 

Ravi Mishra

Pune 

+91 9503 388 791



Learning

 3 Replies

Hemang (Advocate)     15 July 2013

You are rightly believing. The plot for which the agreement was entered into highlighted the penalty clause, but the said plot was acquired. The alternative plot that is suggested by the seller is a "new offer". A new offer need not be accepted. Your MOU is concluded because of the circumstances prevailing. 

Ravi (NA)     15 July 2013

Thank you so very much sir...

So sir if they force me and dont give me the full amount in setlement then can I sue them in the court of law?

murugesanshanmugavel (non practising lawyer)     17 July 2013

U can certainly sue in court of law to recover the advance amount paid on the ground of  MOU coming to an end by acquisition.


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