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
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.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
The deal was not done in Rajasthan..only the project is in Rajasthan. The deal was done in ncr and colonizer is also based in dwarka. I cannot travel to Rajasthan for this as this might not resolve in a day or two and it will impact my work as well. I just want my registry to be done or my money to be refunded. Any other way other than going to Rajasthan for this.
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.
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
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.
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.
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.
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.
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.
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
your personal presence is not necessary
2) your lawyer will appear in court on dates
3) your presence would be necessary during trial only
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.
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.