You can file a consumer complaint against him in the District Forum for deficiency in service. It is advised that you send him a legal notice demanding refund of money along with interest. In case he fails to pay within a month, file a consumer complaint under the Consumer Protection Act.
Property papers in complete
We finalized one property from builder and paid token money to builder.Builder has not done property in his name and will sell property to us from seller indirectly. Now when we submitted property documents in bank for getting loan, bank pesons told us that chain of the documents is incomplete. We also demand documents from builder and he is denying to give chain of documents or token money back. What should be do now?
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
Send a legal notice to builder that since he is not providing the complete docuents to you, your agreement to purchase stands cancelled and you need your refund back along interest otherwise you will take steps agaisnt him.
if on notice builder fails file a criminal complaint of cheating against the builder and further file a suit for recovery of the amount with interest.
Hello,
send a legal notice to him for recovery of the said money. If they do not have the clear title then they can not keep the earnest money illegally.
regards
issue legal notice to builder to refund your token money as title is not clear and marketable
2) mention that bank refused to sanction loan on account of incomplete chain of documents
3) if builder refuses file compliant before consumer forum and seek refund of your money with interest
4) als claim litigation costs and compensation for mental torture undergone by you
1. This proeprty does not seem to be clean to invest your hard moey therein.
2. So send him a legal notice cancelling the agreement and seeking full refund.
3. Since there is no constructions works has satrted as yet, the byulder is bound to return your money in full.
4. if not then file a case before the consumer forum.
A. You could issue a legal notice to the builder either to provide chain of documents or refund the token money back.
B. You may file a suit for recovery money by initiating summary proceedings against the builder before Jurisdictional Court in the event of non response in positive manner from the builder side.
C. In addition to the above, the builder has no right to receive token money unless having marketable title over the property and he should have issued a receipt with general terms and conditions.
D. Please submit the money transaction document before the Court to establish your case which means Online Transfer proof, Cheque, DD or Reciept (if any).
Will not advise you to go ahead with the deal in case the chain documents are missing. That's because in absence of the relevnt documents/deeds, it will not be possible to determine whether or not the seller is having a clear marketable title.
However, if you want, consult a local lawyer for getting done the title search of this property.
Complain to RERA.
You can issue a legal notice to the builder demanding return of your token amount for the reasons of his failure to furnish proper documents towards purchase of property in order to obtain loan from bank.
After that you have an option to either lodge a criminal complaint for the offences of cheating with the local police against the builder, alternately you may file a money recovery suit or a consumer court case against the builder.
