Legal Question in Construction Law in India

I have booked a flat in Pune with a very known builder. I have completed Agreement also. Now builder has stopped the construction work after completion of 2 slabs. They are syaing that they have changed the plan and now they are not getting approval of new plan. They are sending an group mailer to ( keeping everyone in BCC list) and giving an option to cancel the booking and get the booking aount refund. When Contacted to them for cancellation, they said they cannot refund the Stamp duty and registration paid, since thay have not scarped the project.

What can I do in this situation?


Asked on 4/12/11, 8:17 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

You may approach court / consumer forum to get necessary order against the builder to complete the construction as per already sanctioned plans.

The builders obviously must have entered into agreements with flat purchaser on the basis of sanctioned plans and flats agreed to be sold must have been described in the agreement as per such sanctioned plans. As such, builder would be obliged to complete construction as per those plans.

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Answered on 4/20/11, 10:12 pm


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