amitsharma (Legal practitioner) 25 February 2013

Without consent ..

Hello everyone :)

How are you :) Hope everyone is fine and hearty.

I have a one question for you :- so are you ready ?

As i'am a criminal lawyer and question is about civil and consumer court touch even i felt i can handle this but i saw there are so many experts they can guide me better :)

Yeah the question is MY CLIENT had booked a villa of 200sq. yards in OMAXE PVT.LIMITED(PUNJAB) and at the time of booking they filled all amount with the authorised office everything correct on my client part. Now the main discord is this the company increased the size of villa about 75sq. yards without the consent and intimation to the client., and when the client approach to company they said you have a signature on the allotment letter where the provision explains we can increase or decrease for the completion of the said project.

Now should i go through consumer court or through civil court via specific relief act ?

and if any other elief can be granted please mentioned there ., and it would be highly obliged if you post a citation of the case law.

Thank you in advance.

Your's companion .,

AMIT SHARMA :)

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4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 February 2013

Dear Author,

Whether ur cleint had gone through the terms and conditions of the agreement before signing?

Whether the said conditions was in existance in the terms and conditions or not?

Whether ur client has the copy of the said agreement?

Whether any place was left blank to be filled later on, in the said agreement?

Pls inform me. Only after that I would be able to share my suggestions.

(RAKHI BUDHIRAJA)

ADVOCATE

Budhiraja & associates

Legal and financial advisors

Office-253, Aggarwal Shopping Center, CD-Block,

Pitampura, Delhi-110034

Mb.-9871158578/8010167534

Phone-011-27319407

E-Mail- rakhibudhiraja@gmail.com

amitsharma (Legal practitioner) 26 February 2013

Thank you Rakhi for the reply.

Actually as you would be familiar that the agreements are of so long and technical that a normal layman obviously missed something really important. So we can presume that he may go through the terms and conditions of that agreement before signing.

Yes, the said condition is in a vague language that ” In case for the completion of said project if needed we can increase , decrease , modify etc of the said villa”

Yes, he has a copy of that allotment letter.

No places were blank in the said allotment / agreement letter.

JT Rajasuriya, Chennai (Advocate 98410 53790) 28 February 2013

Mr.Amit Sharma,

An increase of 75 sq. yards against an original size of 200 sq. yards is too much. It goes against the contract. It could be acceptable only if it's marginally different. One cannot be expected to shell out much more than what they could afford or what was budgeted.

Ask the builder to stick to his contract or pull him to court. Though court procedure is a bit tedious - you know that justice would be possible. Once you work on the matter you will get the solution.

all the best.

amitsharma (Legal practitioner) 01 March 2013

Thank you JT Rajasuriya.

yeah even my client talk to the builder but they are taking no interest due to increase in prices of the said villa as it goes up by 100% so finally i filled a complaint in consumer forum. I need some other remedies also and wth cases laws.

Much appreciate.