• Not paying lift construction cost

I have purchased second hand Flat Dec 2011 at that time no emanates are built in that apartment. so I asked seller about those (compound wall, Water, elect ,Lift and etc..) he assured me to get it done all same I have written in my formal purchase agreement (Rs 100 stamp paper) Which is not registered. When I am going for registration of Flat I have stopped 35K against pending works (Lift, Pending elect and Water). He refused to do registration without paying that money as a common man I have feared because I have intimated all of relatives for house worming ceremony. At the same time he committed orally he will get it done those pending things. I have seen a point in my Sale dead is all pending things will be complete by seller so I paid full amount. now 1 and Half year back my apartment rest of the owners are collected some amount for lift and they are asking me for the my contribution. I approached my Flat seller for the same he is refusing to pay that.

What can I do for this? How can I recover this form him. Please advise me. If I can go with legal proceedings suggest me.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

Seek a refund for all the unfinished common amenities, for which there was a clause in the sale deed as well.

Seek this refund through a legal notice. The refund you are seeking should be equivalent to what you're being asked to contribute for lift.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, it is advisable that you pay now , so that the work is completed..take a receipt of payment done by you , and file a recovery suit against the seller in court ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) issue legal notice to seller to pay Rs 35 K fir pending works

2) draw attention to clause in sale deed that he was bound to do so

3) if he fails to pay sue the seller to recover said amount

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1.Since you have paid almost full consideration money do not take risk f putting the purchase for emre 35k.

2. First get the sale deed executed and registered so you can take possession of the proeprty.

3. thereafter you can chanse him for compensating for the extra work.

4. You have done mistake by making full payment .Since he has received full consideration money he is calling all the shots.

5. In this scenario do not jeopardize the purchase itself.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

For an immediate action you may just bring the facts in the notice of the police and ask the police to call the concerned person to the police station in order to sort the issue.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Since you have bought the property by paying the full consideration amount without an objection at that time of purchase, it would be difficult to enforce the conditions at this stage.

What prevented you from asking the vendor from getting the deficient things to be made alright when you kept quite over the issue for more than a year.

You can issue a legal notice to the vendor even now demanding him to make good the deficit as per the agreement , let him give a reply after which you can plan to initiate further legal action as envisaged

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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