Legal Question in Real Estate Law in India

Dear Sir,

I have purchased flat (under construction) & got it registered. I have taken bank loan on the same. Bank has released 2 installments to builder as per completion of slabs. As of now builder has stopped construction from 6 months. On contacting several times, he said that there is internal dispute between partners, hence project is stopped. He further said that he not going to complete that project on his own, but he will sell project it to other builder to complete remaining project. He has asked me to switch my flat from this project to his other project, which i didn't like. I do not wish to shift from this project.

I wish to know, what legal remedy available to me if he sells this project to other builder? Can new builder ask me to pay extra rate for flat as per current market prices? What happens to my flat purchase agreement with current builder, if he sells to new builder? In any case, I do not wish to step out of this project, whoever builds it. Could you pls advice me what are legal remedies available for me to safeguard my interest?


Asked on 8/12/14, 4:13 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

You should file a complaint in consumer forum wherein you can add an application for interim relief in which a direction may be issued to builder to complete the project as per agreement and if there is a switch over, a direction that same market price be charged from you as per the original agreement. Your case is strong depend upon how you fight your case.

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Answered on 8/13/14, 10:56 pm


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