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Author Topic: Sale Agreement: no firm Date of Possession provided -- Is it Breach of Trust?  (Read 167 times)

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Offline santguru

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Dear Sir,
Facts:
I went into agreement in Jan 2011 to buy a shop in Commercial Mall (under construction) in Gurugram
The builder took 3 installments as the construction was already started (I chose construction-linked payment)
It is mentioned in the agreemnet:
"..the said premises is proposed to be delivered by the Company to the Unit Alloottee(s) within three years from the date of sanction of REVISED Building Plan"
But the revised Building Plan was Sanctioned on: Nov 2013
When I was signing the agreement they told me that it will take about 1.5 to 2 years to complete. I did not know that the revised Building Plan was not even sanctioned at that time.
Question: Is it considered breach of trust/contract to not give a firm date of possession, as in the case above? The Project is extremely delayed. What rights do I have to defend myself?

Kindly help.
Regards,
Anuj

Offline advswagata

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so many cases are pending in supreme court and NCLT, in most cases the courts and tribunals have gone in favour of the buyers like you.

You can claim compensation? yours is a fit case

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