Legal Question in Construction Law in India

Hello!

My developer is not willing to register the original agreement signed in 2009 which has a penalty clause on delayed possession.The project is so far delayed by 1 year after a grace period of 6 months .He does not want to pay the penalty and hence is forcing me to sign a totally new agreement wherein he has removed the penalty clause & altered all other clauses to his favor including the right to terminate the agreement,which now he wants it in his favor.Fortunately,I have the old agreement signed in June 2009 & also the original agreement signed by him ,which he wants me to sign.

My question is, if I file a Criminal Case with sections 406 & 420 , what happens next.Will I get relief from the Law soon OR will it go in for a long litigation.Considering,the possession is about 4/5 months down the line,I am seeking your expert advice.

Thanks in advance for your advice.


Asked on 4/10/12, 11:08 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

a criminal case of 420 is not made out. in this situation, you may file a suit for specific performance for the old agreement. regarding penalty, you may also approach the consumer forum.

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Answered on 4/11/12, 12:56 am


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