Upgrad LLM

case against builder

Practice

Sir,

My client had purchased one flat from one well known builder, while purchasing the flat the builder assured my client that he will give my client a balcony/terrace attached with the flat. Accordingly he registered the agreement to sale stating the area of terrace in the document. Now he is refusing to give the same, as he has already consumed the F.S.I.  and further he  revised the building plan and put the terrace on 4th floor. Now I want to know how to proceed against the builder. I have much less knowledge about these type of litigation. Kindly help me.

 
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Advocate

The builder is bound to perform his part of the contract. He will have to construct the building according to the terms and conditions of the agreement. You should file a suit against the builder for specific performance of the contract. Pl take help from the CONTRACT ACT and the SPECIFIC RELIEF ACT.
 
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You can also file a complaint against the builder under the Consumer Protection Act for unfair trade practice. Pl refer to cases under the Consumer Protection Act.
 
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please go through the document again by giving importance to each and every word because they will include a clause which will give power to the builder to revise the plan and modify their plan to some extent consult a senier advocate before you proceed further. builders will face so many cases like this. so be sure about your streath before you file a case.
 
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