Guwahati: The Assam Real Estate Appellate Tribunal (REAT) on Monday said no verbal assurance can change a written contract between the buyer and seller of a property.
Delivering a judgement, Assam REAT Chairperson Justice (Retd) Manojit Bhuyan and Member Onkar Kedia said the terms and conditions of a written contract cannot be modified by any oral agreement.
“…no evidence can be allowed to substantiate the alleged oral arrangement,” said the order, delivered in an appeal by Arunudoi Apartments Pvt Ltd and two others against Lalita Jain.
In this case, the buyer had entered into a written and registered agreement dated August 2013 with the builder for purchase of a flat in the GNB Complex for a sum of Rs 15 lakh.
However, 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 subsequent registered instrument and not otherwise.
Dismissing the appeal, the Tribunal directed the developer to execute the sale deed and to give possession of the flat to the buyer within the next six weeks at the total consideration of Rs 15 lakh.
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