• State Consumer Commission passed order in my favour

I buy two plots from builder but he denied to make registry. I go to district consumer court and district consumer said this case is not related this court go to civil court. 
My lawyer appealed in State Commission, there order passed in my favor. Order like that 
" Be that as it may fact remain that the respondents have not placed any document on record to show that the amount was demanded but not paid, while they have admitted that they have received the amount of Rs. 125000/- at the time of agreement. The respondent are therefore liable to transfer the plot no. 11&12 in Ganesh Vihar to the appellants. It is accordingly directed that On payment of the balance amount and charges for registration and as per agreement, the respondents shall transfer said two plots by registered sale deed in favor of appellants, within two months from Today.""
this order passed on dt. 19-9-2017 Now problem is this i cant deposit balance amount within two months,, my lawyer said, two month direction for only respondent for sale deed,, is he is right? if no then suggest me what i can do
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

As I understand the order it imposes the condition on both the parties as without payment of the remaining amount you are not entitled to get the plot registered. So it's 2 way order putting obligation on you as well as on the respondent. If you are not unable to deposited amount I think you should seek extension from court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Only if you make the balance payment would registered sale deed be executed by builder in your name

2) if you are unable to make payment builder is not obliged to transfer plots in your name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yess the amount need be deposited in accordance with the agreement only that is specifically written in order. So the amount of that period according to the agreement only.need to be deposited.

The order says to follow the agreement.so the balance amount need to be deposited than only the builder is obliged to make sell deed in your favour.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

I disagree with your lawyer

Only if balance payment is made would sale deed be executed by builder

Wordings of order are clear

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The respondent are therefore liable to transfer the plot no. 11&12 in Ganesh Vihar to the appellants. It is accordingly directed that On payment of the balance amount and charges for registration and as per agreement, the respondents shall transfer said two plots by registered sale deed in favor of appellants, within two months from Today."

Words are on payment of balance amount builder shall transfer 2 plots by regs sale deed

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

No, it is for you also to pay the balance in the way in which it was agreed then only the builder would be able to make sale deed, but yes if doesn’t do that then violation of the order would be on his part.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Have trust on your lawyer and go as per advice of your lawyer.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Sir please note the order " It is accordingly directed that On payment of the balance amount and charges for registration and as per agreement, the respondents shall transfer said two plots by registered sale deed in favor of appellants" within two months of the date of order means that once you pay him money within two months they need to register sale deed in your favour. Your advocate is rightly guiding you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

No, your lawyer is not right. It is you who has to make the balance payment first, off course within 2 months so as to enable the builder to discharge the necessary formalities for execution of sale deed in your favor.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Builder can offer you to come and register the sale deed only once you approach him to pay the balance payment.

Seek some more time from the consumer forum to make payment of the pending payment. Your application filed under section 27 Consumer Protection Act is misconceived. You've to play your part first, before you ask the builder to register sale deed in your favor.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

It is implied that two months is for remittance of balance sale consideration upon which the builder shall transfer the plots in your favour. it is in furtherance of the sale agreement that amount shall be remitted which demonstrates that you are ready and willing to execute your part of the contract while the builder refuses. Therefore, the builder shall be liable for refund and damages. Therefore, wait for the SC's order as you have instituted now and don't proceed till final adjudication.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Now problem is this i cant deposit balance amount within two months,, my lawyer said, two month direction for only respondent for sale deed,, is he is right? if no then suggest me what i can do.

Your lawyer is right that this will be applicable for the builder to register the property to your name after receipt of the balance of sale consideration amount.

So you have to be financially prepared to meet event.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You have to file an EA against the builder in the District forum to execute the orders of the state commission..

You should express your willingness and readiness for paying the balance of sale consideration amount.

If the orders of EA given in your favor is also not complied then you can get the registration of sale deed executed through court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You go for modification/ relaxation of the order and take time for the same from the court.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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