I had booked a flat in Rajar haat, West Bengal and been on a tripartite agreement with my banker, builder and myself. In 2009. The total consideration amount was about Rs.25.5 lacs. The payment terms of the property was construction linked. However, there was a dispute on the demand notice provided by the builder on the percentage of completion of building and banker. Rs.16.7 lacs were already paid by me and my banker till then. Finally when my banker sent a DD of approx 6 lacs to the builder, he declined to accept further payment and unilaterally cancelled the deal, with no intimation to me. This was during start of 2011. I took the case to state consumer forum and subsequently closed my loan with the banker. The builder is yet to return my money already paid.
The state Commission directed builder to hand over flat to me in 2014. The builder challenged the Verdict in national consumer forum. The national consumer forum upheld the state commission's Verdict and asked the builder to hand over flat to me and asked me to pay remaining consideration amount @10%p.a interest for amount not offered yet to builder and for DD returned by builder (Rs. 6 lacs sent by my banker), the amount to be paid is @10% from the day of demand and the day it was refused by builder.
I had filed execution in state consumer forum and honorable Commission has fixed 24th May as compliance date.
The builder had already submitted, however, in front of national forum that the flat has already been sold to a third party.
1. I am yet to hear from the builder. My lawyer says, I must arrange for the remaining consideration amount and pay the same to builder via DD. What should I do?
2. When I am not sure of the intention of the builder, should it be right on my part to further increase my financial exposure of the additional amount? If no, what is the recourse?
Asked 4 years ago in Property Law
Should I wait for a response from the builder till the compliance date set, i.e., 24th may 2018? Or should I inform court before hand? Since court has directed for compliance by 24th May, what is to be done at my end? I don't want to be seen as non complaint.
Asked 4 years ago