Cancellation of sale deed
I had purchased a duplex from a builder. I did a sale did for plot by paying registry. Now builder has not respected agreement of 24 months possession. I went to rera for complete refund of my paid amount. Rera refused complete refund stating ground that it has no power to cancel a sale deed. Builder refuses to cancelation of booking. I do not wish to continue with the delayed project. Please guide me further course of action.
Asked 4 months ago in Property Law from Bhopal, Madhya Pradesh
File an appeal before the RERA Appellate.
It is right that RERA could not have ordered for cancellation of sale deed, but it had the power to order a refund.
Consult a local lawyer with the RERA order and more details on this case.
Advocate, New Delhi
you can seek interest for delay in delivery of possession
2)in alternative file complaint before consumer forum seek refund of money as builder has no delivered flat within 24 months and is refusing to cancel booking
3) seek litigation costs and compensation for mental torture undergone by you
As rightly observed by RERA, registered sale deed cannot be cancelled except by court order.
IS this sale deed without possession ? And how can sale deed got registered without possession.
Or it`s agreement to sell ?
Better approach consumer court for refund and compensation.
You can g file a case for declaration and cancellation of sale in the court.
This is my response to you:
1. If RERA has not helped you then apply before the consumer court;
2. Cite the reasons for RERA refusing to give you full refund;
3. Also file a police complaint against the builder for cheating;
4. Once you apply before consumer court then also claim compensation;
5. Take legal steps immediately otherwise the builder can get away with the crime.
Hi, you can ask for refund in RERA if the posession is delayed ... The order is biased and not as per the provisons of RERA ... It is advisable to file a appeal in the appellate authority for seeking relief
Advocate, New Delhi
See for delay you can seek comparation through RERA and consumer court.
Further for cancellation.of the sale deed you need to file a civil suit stating that builder did fraud and is delaying so you want to cancel the sale deed and pray for refund of the total amount.
You can issue a legal notice to the buildr informing him about your decision to cancel the booking owing to the inordinate delay and for not honoring the commitment made in the sale agreement or for breach of contract conditions.
After that you can drag him to the consumer forum for relief and remedy.