1) builder could not have increased area arbitrarily without your consent

2) you had paid full consideration should have sued the builder to deliver possession of shop

3) since builder has failed to refund your full money file complaint against builder before consumer forum seek refund of money paid with interest . mention you bought shop for earning your livelihood

4) also claim litigation costs

5)you can return original agreement provided builder is willing to give demand draft for balance amount payable by him

You can do the following:

1. First file a legal notice to him drafted by a lawyer;

2. Say that the builder is liable to pay you under UP Shops & Establishments Act 1962;

3. Say that you should get the rest of your money and cancelled agreement copy in your hands;

4. Also say that if the builder does not concede to your requests then you will file file a suit plus seek maximum compensation including damages etc.

5. Then method of last resort, you can file a suit in the relevant court.

First of all do not return original agreement till amount entirely Is repaid to you. Lodge a complaint with police under cheating. If he produces letter where you asked him to repay money he will be caught since he has not paid entire consideration which amounts to cheating. Since you had not given him in writing any agreement authorising him to sell the property for which you paid money.

File a consumer complaint against builder seeking for damages.

Send him legal notice and also file suit for recovery of money.

Dear Client,

Above act is cheating, u should file criminal complain. Hire some good lawyer, even u can claim interest on refund.

Don`t give him original documents.

What is terms of default in agreement and what documents executed.

He couldn't have unilaterally increased the area of the shop without taking yor consent and slapped the additional burden thereof upon you.

No need to return him the original contract.

Approach the RERA/Court seeking refund.

Hello sir , it is advisable not to return the original documents without receiving the refund amount .. You can handover the same , when he gives you the final amount .. Incase , after returning original documents he refuse for payment, then we will be retrained t proceed legally agianst him ..

Firstly the builder cannot sell the shop allotted to you to another until and unless the existing agreement between you and him has been ended.If he is not paying you the whole earnest money then just make a FIR against the builder stating that as per agreement you had to purchase a shop constructed by that builder but later he increased area and purchase price so you refused and claimed your deposited money back then he anyhow kept the payment pending on the ground that when such shop will be sold then he would pay the money but in spite of the sale of such shop he did not paid you your deposit amount and now giving threats and abusing you.

You may also later file Suit of money decree for earnest money in civil court.

Hello,

If would not advise you to return the original agreement to the builder at this stage, there is no point in trusting the builder since he is already playing fraud with you.

You must immediately approach the court and also to create pressure you may file an FIR on him for fraud and cheating.

Regards

Dont return the original sale agreement, instead you can file a money recovery suit agaisnt him for recovering the balance amount or can drag him to consumer court for deficiency in service and for the consequences thereon..

You can approach police for cheating offence, but if he is influential, he may turn the table against you, hence you got to be careful about that aspect.

1. I am assuming that you have a registered agreement for sale executed with the builder.

2. I fail to understand as to how without first cancelling the agreement with you, the builder sold the property to another purchaser and that purchaser too purchased the property. Generally a purchaser before buying any property from builder causes a search to be done from the office of the sub registrar to check whether the builder has created any prior rights for the property which this purchaser intends to purchaser.

3. Anyway I suggest you sign a formal deed of cancellation with the builder and get this deed registered.

4. Since no transfer of property happens through a cancellation deed, there is no stamp duty or there will be nominal stamp duty.

5. In this deed you mention how the builder has to make repayment of the moneys paid by you to him.

6. Also record in the deed that the original sale agreement will be handed to the builder only on the builder simultaneously repaying your entire money.

7. I dont understand why on earth you agreed for refund in installments. Anyway talk to the builder and tell him that since he has already received full consideration from new buyer, in all fairness, the builder should also repay you in one shot.

8. No need to go to court for trivial matters.

Don't trust on builder. Approach Consumer court. Even if you seek refund there is no issue. You are legally entitled to the same. He will pay the balance amount with interest to you.

if builder is ready to give undertaking then let him give such undertaking to the court

that will be binding on him and the chances of his breaching that undertaking will be lessened otherwise he will become liable for contempt of court

1) accept demand draft for 50 per cent amount and balance in instalments

2) if builder defaults you can sue him to recover balance money based on undertaking given by builder

3) undertaking should mention total amount payable , amount to be paid per instalment , period within which full amount would be paid rate of interest to be paid etc

If you trust him, you can go ahead with the arrangement that he's suggesting you. But, my personal says you just can't trust these people. Just in case his proposal suits you, sign a memorandum of understanding with him, which must be duly executed.

You can accept the 50% amount that he is ready to pay now and enter into an agreement for the balance of amount with the term and period of repayment including mode.

The agreement should clearly mention that this has been entered into for the repayment of the balance of amount so that this acknowledgment will make him liable for the future litigation in this regard if he fails to honor the commitment

Yes it will constitute a legal document.

Else, you may file a case, let the builder appear and let the builder give this undertaking before the court so that the same is decreed in form of the judgment.

Regards