Legal Question in Construction Law in India

I booked an apartment in India through a reputed builder. After paying 75% of the payment towards the construction cost and for undivded share of land and land development cost, I came to know that the approval for the project was suspended even at the early stages which the builder had hidden throughout. After lot of delays he is 70% done with the project works. However he doesnt admit that the planning was suspended and I came to know about that after I filed an application to the local planning authority through the RTI Act. I'm in a dilema to continue paying, in which case if the apartment faces a threat of demolition or penalties from local authorities will I have any claim over the Builder? If I dont pay, I'll have to forfeit my property and under the conditions of our agreement I'll have to fore go 20% of the value of the apartment and will get refunded only when the builder manages to sell that particular apartment. Which can take years.


Asked on 7/09/10, 3:19 pm

1 Answer from Attorneys
www.lawconcern.com S.Seshadri www.lawconcern.com

You must issue a Legal Notice to the builder pointing out that the construction itself is illegal in view of non-approval of building plan and then move the consumer court. As regards payment of the balance, you must consult lawyer with all documents so that a studied advice can be obtained.

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Answered on 7/13/10, 4:32 am


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