Query related to Flat purchase
2 years ago
Last year 2020 March self booked a Flat amounting to Rs 40 L in Garia Kolkata from a Eminent Developers.80 % own contribution paid to builder as per clause and mutual understanding by last Dec 20.Even loan also got approved and builder got 80 % of property value ,i.e 24 L .Due to pandemic and some crucial medical cases self unable to complete the balance procedures with bank and builders.Even few EMI got defaulted by me owing to same case mentioned earlier.Now I have to pay only balance 2.5 L own contribution with registry charges ( which will be paid shortly) so that bank can disburse balance 20 % to them.In this backdrop can builder cancel the agreement for delay though mutual understanding prevails.Please suggest
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
You may get issue a legal notice threatening to approach Consumer Court if matter is not settled amicably. If it is RERA property then you may approach RERA where you will get issue disposed of very shortly.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can urge the builder to be sympathetic and not cancel the contract; nevertheless, because you have not fulfilled your obligations under the contract, the builder has the authority to do so. However, it goes without saying that you should request that the builder refrain from doing so.
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You can seek to ask the builder to be considerate and not to cancel the contract, however, since you have not been right to your part of the contract, therefore, the builder can seek to cancel the contract. However, it is implicit that you should ask the builder to refreain from doing such.
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