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Stalled project: Buyer can pause payments

The National Commission said instalments are linked to the progress of construction. The question of raising any demand didn't arise when there was no progress in construction

Housing, China's housing
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Photo: Bloomberg | Representative image

Jehangir B Gai

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Sarita Mishra had booked a flat in Divyam Heights in Andheri, Mumbai, which was to be jointly developed by two promoters: Harsh Constructions and Siddhivinayak Developers. According to the registered agreement for sale dated February 15, 2006, the cost of the flat was Rs 18,04,820. The agreement stipulated that possession would be handed over in June 2008. The builders were entitled to two extensions of six months each and, further, until June 2010 for obtaining the Occupancy Certificate.
 
Mishra paid Rs 2,07,554 to each of the two promoters, totalling Rs 4,15,108. When the builders failed to deliver possession within the
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