What Legal Steps To Avail Over Non-execution Of Agreement?- Property Hotline

Expert: Uday Wavikar, VP – Consumer Court Bar Association, Maharashtra & Goa.

Question:I booked a flat with in Pune in 2014. I paid 20% as booking amount and the builder promised an agreement within 6 months and handover of the flat before December 2016. The agreement is not done in spite of several reminders. I sent a notice to the builder and now he wants make an agreement on his terms and refuses to change the draft agreement. If I don’t pay the remaining amount I will be charged 18% interest. If I want my money back, Rs 50,000 will be deducted and the remaining amount will be paid pay only after someone else books that flat. What can I do?

Answer: Builder is guilty of not executing the agreement u/s 4 of Maharashtra Ownership of Flats Act, 1963 and he cannot deny the same. Further, the terms of payment should be mutual and builder is bound to mention the date of possession. It is a mandatory provision in law and builder just cannot escape from the same. You can get your money back by filing Consumer complaint before the consumer disputes redressal Forum / commission. ?

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