Guwahati: The Terms and conditions of a written contract cannot be modified by any oral contract and no evidence can be allowed to substantiate the alleged oral arrangement.
This was observed by the Assam Real Estate Appellate Tribunal(REAT) in a judgement delivered on Monday while deciding the appeal filed by a builder in the case of M/s. Arunudoi Apartments Pvt. Ltd. & two others vs. Smti. Lalita Jain. The
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Chairperson of the Assam REAT, Justice (Retd.) Manojit Bhuyan, and Member, Assam REAT, Onkar Kedia deciding the
case where the buyer had entered into a written and registered agreement in August 8 ,2013 with the builder for the purchase of a flat in the GNB Complex for a sum of Rs.15 lacs. The builder demanded Rs.32,91,600/- for the flat, citing oral understanding with the buyer. The Assam REAT in its judgement rejected the contention of the builder by pointing out that if the terms of a registered instrument are to be altered, it can only be done by a subsequently registered instrument and not otherwise.
The Assam REAT also rejected the contention of the appellants that the complaint filed by the buyer for the performance of the contract was not maintainable being barred by the Limitation Act according to which the period of limitation to institute a suit for specific performance of a contract is three years from the date fixed for its performance.
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The Tribunal also held that an aggrieved person. seeking to file a complaint under section 31 of the Act, cannot be left without legal remedy merely on grounds of limitation.
There is no direct provision under the Act laying down any period of limitation for filing a complaint under section 31.
On the contention of the appellants that the respondent /complainant sought relief only for delivery of possession of the two flats and not for transfer of title by means of execution of Sale Deed, the Tribunal held that proceedings under the Real Estate (Regulation and Development) Act, 2016 are not to be conducted in a hyper-technical manner by following a rigid procedure, but in a manner ensuring that justice is secured.
Dismissing the appeal, the Tribunal directed the builder to execute the Conveyance/Sale Deed and to give possession of the Flat to the buyer within six weeks at a total consideration of Rs 15,00,000