Legal Question in Construction Law in India

Failure to meet the terms of the contract

Mr.A agreed to purchase a new flat which is under the stage of completion, from Mr.B, who is a builder. Mr.B promised to complete the flat and hand over the possession of th flat to A within 6 months from the date of agrement,which both of them entered into accordingly. But Mr.b failed to hand over the possession of the flat to Mr.A within the said period. Can Mr.A sue Mr.B?On what grounds can Mr.B save himself?


Asked on 9/03/03, 11:25 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Failure to meet the terms of the contract

Most of the States in India have their own law on this topic commonly called as Ownership Flat Act. Such law mandates delivery of possession on the agreed date subject to reasonable extension of time on certain grounds. Your query is non specific about the reason for non-delivery of possession. In any case, the Flat Purchaser can either ask for refund or specific performance of the agreement.

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Answered on 9/09/03, 5:48 am
Vivek Mapara Mapara Law Firm

Re: Failure to meet the terms of the contract

Perusal of the Agreement is deemed necessary for this purpose.

But considering law as general: Mr. A can sue for the recession of the contract or can even claim for the damages and breach of stipulations.

To point out plea of defence, perusual of the contract is deemed necessary

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Answered on 8/22/04, 5:36 pm


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