• Registration of plot

Hi 
I brought a plot measuring 480 yards with an reputed real estate company in 2004 dec for 1.6 lacs payable in 50 equal instalments which ended in 2009.
The company had given allotment of plot letter in 2004 .
But when I went for registration in 2009 he changed my allotted plot by saying the size of plot is much bigger 700yards and alloted me other plot verbally 
Then I tried to find out the said plot at property site I could not find out the said Plot in2012.so I did not go for registration and was also asking me difference amount (87000).which I did have at that time,
In between the company changed its address and I could not locate the office but recently in 2018 I could find the office I contacted them they are saying those plots are already sold we can’t give u alternate plot and if u want we can give the refund of your money.
I have all the paid receipts with me.
I have allotment letter dated 2004.
Can I ask for the plot legally?(is there time limit to file the suit)
Or should I opt for refund of my money they are offering 
 Advice me 
Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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10 Answers

Dear Client,

Better file Criminal case against them for cheating and criminal breach of trust. Issue can not be performed due to delay . refund last option with interest.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you can file complaint against builder before consumer forum seek orders to direct builder to execute regd sale deed in your favour

2) to deliver vacant possession of plot

3) if builder is willing to offer you refund of money with interest accept the offer

4) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi,

1) Law of limitation will prohibit you from asking for handing over of plot by real estate company as it appears that you did not file a suit against the company in 2009 (when real estate company did not make registration of 480 square yards) in your favour.

2) However, the real estate company is liable to refund your money with interest from 2004 to 2009. 3) Depending on the wording of your agreement with real estate company, it might also be possible to claim interest for the period pertaining to 2009 to 2018.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

You can file a criminal complaint u/s 406,420 IPC.

Also you can file a suit for recovery of money along with interest In your jurisdiction court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir if the builder is ready to refund amount with interest and some compensation then you should take it as court cases may take time and you have to bear the litigation charges.

In alternate you can file a criminal complaint against the builder and civil suit for the possession and specific performance of the agreement between you and builder for registration of plot

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) There is time limits to file case in the Civil Court and that same has been lapsed as per Limitations Act. So you better take your amount including interest and see you agreement what it were mentioned in it for cancellation of agreement clause.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Better you opt for refund because there has been some lapse on your part as well.

Claim your refund.

If they do not process your refund despite your requests, send them a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

you can file the consumer complaint. you can seek refund with compensation or allotment of plot as per your wish

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Hello,

Your case will be time barred.

though you can file a petition in the consumer forum with an application for condonation of delay.

You are entitled to get the entire refund with interest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You issue a legal notice demanding possession of your plot as per the allotment letter issued to you long back.

If you dont get a positive reply or response, you may file a suit seeking specific relief and possession of plot allotted to you vide the letter dated....

If he agrees for refund then you may demand interest on the amount you have deposited with him so far.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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