Myself Namita Mallick I am from kolkata. before 2 year i booked a flat with a minimum down payment at the rate 2150 per square feet . that time i had finalized with a promoter.he gave me all the paper regarding that flat i was verified that papers. even i did agreement with that paper with stamp paper.Now when i asking about my flat I new that he was only the broker he was not the promoter of that flat, He did not pay any of that amount to that promoter.But i did 20% payment with cheque.Now the promoter tell me that he cant give that flat at 2150 per square feet. he charging 2500per square feet.and that person whom i paid all that amount he told me he can return all my money but not flat.but i did agreement with that flat . So sir please help me how to get my flat I am such a in great problem and I have not a good finance condition.
Waiting for your reply if possible please call me.
Asked 3 years ago in Property Law from Kolkata, West Bengal
it is necessary to go through agreement signed by you . if you have not signed any agreement with builder he is not bound to offer you flat . your cause of action is against the broker . consult a local lawyer
is it possible to talk with you over the phone
Asked 3 years ago
yes you can call me on the phone
You can send a Legal Notice to the promoter and broker calling them to comply as per agreement,failing which you should file a case in Consumer Forum for deficiency of service.You can also file a criminal case against the promoter and broker.
since u have made agreement on stamp papers as u r saying, ur is a ferfect case for filing before the consumer forum. issue notice to the promoter and file immediately the consumer case for deficiency of service( i have to see the terms and conditions stated in the agreement to suggest u concretely). in the addition u can file a criminal case against the broker having criminal conspiracry with promoter to cheat u. by filing criminal case u will create a pressure on both of them but remember in order to get the flat u have to file consumer case.
u can call me for proper drafting and moving on payment of my fees. i specially deal in real estate matters in all the courts
Have you executed an agreement? If yes, then has it been registered? Without perusing the agreement it is not possible to say anything.