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.
If you like my answer, please rate me.
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.
Helpful
Helpful
Share
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.
If you like my answer, please rate me.
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.
If you like my answer, please rate me.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Heavy Deposit Money Not Returning
Dear Client,
Your query requires more details to address it suitably. You expressed your concern but not a cause of action behind that concern that attracts a legal remedy. It is a virtual platform w...
Son harnessing mom for her property
Dear Client,
If the property left by your deceased father intestate, i.e, that is without any will and it is his self-acquired property, all the surviving legal heirs of his family including your moth...
Transfer of Membership in the records of RWA
Dear Client,
In the given situation, please keep the track of encashment status of all PDCs issued to the Association for all purposes, and once all PDCs are encashed as per the Bank Statement, contac...
Remove wifes name from share certificate & sale deed of property due to dispute
Dear Client,
Your wife need to execute a relinquishment deed or gift deed in your favor to remove her name from the sale deed. If she denies it, you can file a suit for declaration before the civil co...
Forcefully shifting PG
Dear Client,
A dispute between a tenant/PG and landlord/Building owner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
