Legal Question in Civil Rights Law in India
dear sir, i am senior citizen and have a free hold property in society situated delhi and i do collaboration with a builder with my terms and condition and builder taken all old building material against the demolition chages and in the contract show building structure damage condition mulba only and not residence able structure. but builder could not write in the contract when he start the work , he write only that after approval of plan and bhumi pujan he should start work and complete with in 12 month from date of bhumi pujan but he could not approval plan and not start bhumi pujan and also old buildinng structure demolished and sold building material but he give me 25% as bayana out of total consideration amouut to me but i want to how i start the work because inn the contract no any terms and condition for builder if not start the construction but also booundation for me only if i back from contract then he claim double amouunt of all expences including bayan amount. kindly suggest me?
3 Answers from Attorneys
Dear Sir,
You contract was a contingent contract which depends on the approval of Building Plan by MCD. If the builder is not able to perform his part of contract then you can resigned from the contract and you need not to pay any amount to the builder. However, all depends upon the terms of the contract.
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Thanks
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JSR/5713
This is frustration of contract, and now as it cannot be performed, no parties are bound by it.
You are free, to go with another party to go ahead, after giving an opportunity to the old party.
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