Legal Question in Real Estate Law in India

We have paid 90% of the apartment price for the purchase on an apartment. The promoter has sent an MOU to be signed by the owners which has been drafted completely one sided and certain clauses are totally unacceptable.We are yet to get the response from the Promoter...In the mean time, the Promoter has asked us to pay the balance amount failing which, he will charge us 24% as interest costs.

We need yr feedback on the above grievance and in case of redressal, which is the right agency to be approached!

Regards,

Ram


Asked on 6/07/10, 12:02 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

You need to check provisions of local laws made by the States governing construction and sale of apartments.

Most of these local laws provided mandatory terms and conditions required to be included in the agreement for sale of apartments.

These local laws also provided for action against erring promoters.

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Answered on 6/07/10, 10:34 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should try to settle the matter amicably and seek legal opinion from a local lawyer. If absolutely necessary, you may consider approaching the District Consumer Forum for "deficiency of service", if any, by the builder.

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Answered on 6/08/10, 9:14 pm


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