Position and rent matter with the builder Position and rent matter with the builder

9 months ago

I have a registered agreement with the builder he need to give me position on 2021 in between he need to give me rent also with 7% increases to me but he is not giving anything so kindly suggest me what can I do

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
When you got a registered Deed of Agreement to Sale, then for breach of any condition of said agreement by the Builder, you first need to serve a legal notice to the Builder. Thereafter, even the housing project is not registered under RERA, you may lodge a complaint before the RERA against the Builder for breach of contract that amounted to unfair trade practice. Apart, you can file a suit for specific performance against the Builder for the same cause before the Civil Court. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,

Review the agreement: Carefully go through the registered agreement you have with the builder to ensure that you have a clear understanding of the terms and conditions, including the agreed-upon position date and the rent with the 7% increase clause.

Communicate with the builder: Initiate communication with the builder to inquire about the delay and the failure to provide the rent as per the agreement. Document all communications in writing, such as emails or letters, so you have a record of your attempts to resolve the issue.

Send a legal notice: If the builder is unresponsive or unwilling to address the matter, you may consider sending a legal notice through a lawyer. This formal notice should state your grievances, the breach of the agreement, and the action you expect the builder to take to remedy the situation.

Consumer forum or real estate regulator: Depending on the laws and regulations in your country or state, you might have the option to file a complaint with the consumer forum or the relevant real estate regulatory authority. They can mediate the dispute and help reach a resolution.

Seek legal advice: Consult with a lawyer who specializes in real estate or property law. They can assess the situation, review the agreement, and advise you on the best course of action to take to protect your rights and interests.

Mediation or arbitration: Some agreements may have clauses for mediation or arbitration to resolve disputes. If your agreement includes such clauses, you might consider using these alternative dispute resolution methods.

Legal action: As a last resort, you may have to consider taking legal action against the builder to enforce the terms of the agreement and seek appropriate remedies, such as compensation for the delay and failure to pay rent.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mrighankhi Chakraborty

Responded 9 months ago

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A.Hello Client,

You must send him a legal notice first. Then you may file a consumer case against the builder/developer as he did not deliver the possession to you within time and still not keeping his word according to the agreement.

Thanks & Regards
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