froude case in flat saling
I really in a big problem. i booked a flat before 2 year @ 2150 per Sqr feet just beginning of the construction. the broker of that flat told me he was the promoter of that flat and shown me a 650 sqr feed flat I paid 20% amount on flat at that time and did a agreement with stamp paper but after 50% of completed the construction i found that that flat was defected and have some problem so i asked that broker to change this flat and give use another one (850 srq feet)on 2nd floor and told me ok no problem all the flat are not booked yet so we can change your paper and provide you in second floor at the same rate( 2150/ sqr feet) and new agreement paper will provide you as soon as possible . again he asked some money for that flat and told me i will handover the new flat agreement within 2 days and i paid rest of the down payment amount . from 6 month I am asking for my new flat agreement ( changed one) but he told me every time give you today/ tomorrow and all the excuses finally i go to that flat and ask a person that where is the broker he told me that i am the promoter of this flat and I did not received any amount from that broker and now i am going to sale this flat to another person if you are interested then pay 2500 per sqr feet.
sir i cant explain that how could i manage that amount because and cant pay that higher amount so please help me.
Asked in Property Law from Kolkata, West Bengal
Hi, sir i can understand your problem but one thing is that without scrutinize the document of title it is not correct to enter into any agreement with third party and pay the amount to a person who is not a owner and you have to approach police for playing fraud by the broker.
file criiminal case of cheating against broker . it appears you have been taken for a ride . promoter has not signed any agreement with you for sale of flat . ask for refund of your money from broker
The core reason why these people succeed in their malpractices is because the prospective buyers like you in India do not involve the lawyers in the decision making process inasmuch as the due diligence test is to be carried out before purchasing any property. You need to take a leaf out of the book of people in the west who do not sign any agreement without seeking legal advice from their lawyer.
Now get the necessary documents vetted by your lawyer and file a criminal case for cheating in the court against the broker. Apart from the case of cheating file a case for recovery of money from the broker.