Unfair terms of Contract in Executed BBA
2 years ago
The Builder has taken more than 20% cost of property as booking amount which amounts to 62lacs.In case of cancellation the entire booking amount will be forfeighted as per the executed BBA.What is the legal remedy to save as much as possible of the booking amount in event of cancellation?
A.Hi,
As per the facts stated by you, the builder has included unfair and wholly sided clauses in the BBA. You can approach the consumer fora against such BBA. The totally unfair and one sided BBA is not binding on the buyers. The BBA is invalid and non binding. You will have to approach the consumer forum to avail the remedy.
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As per the facts stated by you, the builder has included unfair and wholly sided clauses in the BBA. You can approach the consumer fora against such BBA. The totally unfair and one sided BBA is not binding on the buyers. The BBA is invalid and non binding. You will have to approach the consumer forum to avail the remedy.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As a party to the agreement, it was your duty to duly peruse the agreement terms before executing the agreement. However, there are various instances wherein the Consumer fora and the Supreme Court has held that wholly one sided and unfair terms in the BBA will be binding on the buyers. So, you can rely on these judgements.
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As a party to the agreement, it was your duty to duly peruse the agreement terms before executing the agreement. However, there are various instances wherein the Consumer fora and the Supreme Court has held that wholly one sided and unfair terms in the BBA will be binding on the buyers. So, you can rely on these judgements.
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Madhulika Bhatnagar
Responded 2 years ago
A.If the project where you have purchased the property is not going in accordance to the registered plan with RERA or it is likely that you will not receive the booked property within the time promised in the BBA, you can file a dispute with RERA and seek refund of the amount.
If successful, RERA will direct refund of the entire amount with interest.
If successful, RERA will direct refund of the entire amount with interest.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize that Sale Agreement to peruse the terms, conditions and default clauses as well as legal perspective of the same. Without thorough scrutinization of the Sale Agreement appropriate legal remedy cannot be suggested.
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