• Registry not done

I invested in 3 plots of a dwarka based colonizer whose project is in Rajasthan. The payment was done thru installments via cheques. There isn't any contract on a stamp paper but I have the booking form, payment receipts and the ledger statement from the colonizer. I also paid the registery amount and for that also I have the receipt.
After multiple follow ups with the colonizer, he got the registry done for only 1 plot and that too after 1 year of paying the registry amount.
Now he is not getting the registry done for other 2 plots and delaying it without any reason. It's been more than 1 year when I paid the whole registry amount. He is neither responding to phone calls, emails and WhatsApp messages.

Please help me as it is my hard earned money.
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Hi

As per your description the matter would be followed up in rajasthan and in accordance with their local land law.

Another way we can make a criminal complaint of cheating on the colonizer.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Location of the project will only carry the jurisdiction of legal action.

You can file the consumer complaint online also.

Or the central consumer forum is another option which is located in Delhi.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You should make pressure on the coloniser to register the property, as the same is mandatory to be registered under registration act. These things have become very common, if he is not responding calls go to his offic and talk personally, see if things are sorted out, you can also tlk to othee people who have purchased the flat. If things are not sorted File complaint in consumer court regarding this, complaint will not go to rera as the plots are not yet registered, a complaint under rera can go once the plot is registeted with rera

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Sir civil suit has to be filed based on oral agreement for specific performance alternatively praying for refund of amount along the interest further a case of cheating and breach of trust has to be filed against the coloniser.

Further more the suit has to be filed at rajasthan where the immovable properties are situated.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue the coloniser with the legal notice first calling upon him to register the flat in case he fails the suit can be filed further in civil suit you don't have to attest court every hearing engage a good advocate and he will take care further since the properties are in rajasthan the suit will lie there only.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1)you can file cheating case U/S 420

2)You can file a civil suit as well for the specic performance of contract and and interim injuction to restrict the land loard from alienating the property or to sell it to some one else so as to defeat your case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) You have to take possession of the plots first and get registered the registration done in next 10 days.

2) If you have the format of the previous or first plot registered get like wise same drafts along with you and ask him to pay the registration charges and come for registration hardly it will take 2 or 3 days.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Send him legal notice for the refund or registry. But if he does not comply then you have no ither option than to approach court.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1) issue legal notice to builder to execute registered sale deed in your favour

2) if he fails to do so file suit for specific performance against builder in Dwarka

3) your booking form would contain jurisdiction clause

4) file suit accordingly

Ajay Sethi
Advocate, Mumbai
94723 Answers
7533 Consultations

5.0 on 5.0

your personal presence is not necessary

2) your lawyer will appear in court on dates

3) your presence would be necessary during trial only

Ajay Sethi
Advocate, Mumbai
94723 Answers
7533 Consultations

5.0 on 5.0

Lodge an FIR (cheating) against the developer. Secondly , file for recovery suit.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Send the coloniser a legal notice in the present matter calling upon you to forth with facilitate the registration of sale deed in favour.

If the needful is not done despite the legal notice, approach the consumer forum in this matter.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You send him a legal notice about this and can inform him about your decision to cancel the booking and to return the booking amount with interest.

You can drag him to consumer forum for relief of return of amount and also for compensation for the deficiency in service and other reliefs.

You can seek return of entire amount along with the interest on it.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You can file a case in Delhi itself agaisnt the Rajasthani colonizer.

Since the money transaction took place in Delhi, you can bring the pecuniary jurisdiction in Delhi itself.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer