• Cancellation of sale agreement of flat


      I have decided to purchase one flat in bangalore and made sale agreement for that by paying Rs.10 lakhs advance. After that i got loan sanctioned from DHFL also for Rs.20 Lakhs which is also disbursed to builder. 

Now when i decided to apply loan in nationalized bank and approached SBT, They rejected my application by saying that there is more than 75% deviation in the flat as per bbmp approved plan. which builder has not disclosed during agreement.

   Now i decided to cancell the agreemnet and send cancellation letter by register post and also by e mail to builder.

    Builder says ok for cancellation and repayment , but they are not committing when they will give payment. when i asked simply they are saying business is dull pls wait we will give....

   Pls advise what i have to do next , so that in future when it happens to approach legally it should be in my favour.

    They received my letter, whether they have to reply that letter with repayment comittment.....?????

  Pls advise........
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) what are the clauses in your agreement for cancellation ? 
i do hope that in your letter to builder you have mentioned at you had to cancel the agreement as there has been more than 75%deviation  in flat as per BBMP approved plan 

2) has builder given commitment in writing that he has no objection to cancellation of agreement and for refund . ?

3) if builder has not done so place on record the discussion you had with builder on _ date wherein builder agreed to cancel agreement and refund the Rs 30 lakhs paid by you 

4) if builder does not refund within 15 days  file complaint ebfore consumer forum for deficency in service and seek refund with interest . 

5) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
45488 Answers
2673 Consultations

5.0 on 5.0

The builder is nor going to part with money so easily.
wait for some time and give him reminder all the while.
Then file a case in consumer forum asking for refund with interest and for compensation.
Devajyoti Barman
Advocate, Kolkata
12823 Answers
166 Consultations

5.0 on 5.0

1. Had you engaged a lawyer and conducted due diligence before entering into the agreement you would have discovered the deviation.

2. Issue a lawyer's notice for cancellation to the builder and seek the refund of the money. 

3. If the builder does not fulfill the demand raised in the notice sent by your lawyer then you may file a case for recovery of amount paid as advance and also compensation against him in the court. In addition to this you can also file criminal charges for cheating against him.

Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

As per the sale agreement condition the builder has to refund the amount received towards sale consideration by deducting the percentage as-agreed in the conditions of sale agreement. The builder cannot remain silent for indefinite period quoting some flimsy reason. You should ask him to specify the date or period within which he shall refund the advance amount received by him. 
If your letter or personal visits to him fails to invoke  any response, you may send a lawyer's notice demanding him to refund the same, even if that fails to invoke any response, you may approach consumer forum for refund with interest and costs towards damages and for mental agony or can file a civil suit for recovery.
T Kalaiselvan
Advocate, Vellore
35651 Answers
387 Consultations

5.0 on 5.0

1. Ask the builder to give some firm date to you by whien he is going to arrange for refund your money.
2. Ask the builder to give you post dated cheques for the amount due to you by that firm date.
3. If the builder issues cheque to you indicating certain date, credit the cheque to your account on the specified date.
4. If the cheque gets bounced, you can file a case U/s.138 against the builder for bouncing of cheque and before that you have to issue a legal notice to him and the builder may pay back your money to avoid further legal consequences.
Shashidhar S. Sastry
Advocate, Bangalore
1633 Answers
107 Consultations

5.0 on 5.0

Ask a Lawyer

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