• Regarding non-payment of agreed amount on buy back flat

Sir two years back I have saled the flat, that was on the 6th floor (Where lifts were not working for more than 5 years) back to the builder and purchased another flat on GF.from the same builder. At that time Builder promised to pay the decided amount of the old one in installments by cheques, but he requested not to deposit the cheques and I will pay all the amount in a single installment and the EMI of the old one will be given by him until that time. But now neither he is not paying any EMI nor ready to pay all the full amount and the bank is pressuring me to pay EMI. This agreement was made two years back. What should have I to do?
Asked 10 days ago in Property Law from HOSHIARPUR, Punjab
Religion: Hindu

File complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest 

 

2) also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Hello,

  1. If the builder is not complying by his part of the agreement, you must send him a legal notice demanding specific performance and if he fails to do so file a suit in the court for the same relief and seek further compensation for the mental harassment.
  2. It is important that your new Agreement has specific clauses in the Agreement that you entered into with the builder when the flat was being sold back and either you have a separate new Agreement or one that is related to the first. Your correspondence with the builder will come handy in the case against the builder.

S J Mathew
Advocate, Mumbai
2680 Answers
110 Consultations

5.0 on 5.0

Dear querist, 

1. First, you should send a legal notice to the builder asking him to perform the contractual obligations agreed between you and the builder. 

2. You should file a suit for specific performance of the contract seeking the directions from the court to either ask the buyer to pay the installments as per the contract or to give the compensation in case he is not willing to perform the contract. 

 

sending a legal notice might be sufficient in your case if the buyer agrees and you may need not file the case afterwards. 

In case you need my assistance in the matter, you can contact me for consultation or on linkedin,  

https://www.linkedin.com/in/yuganshu-sharma-655091183/

 

Regards, 

Yuganshu Sharma
Advocate, New Delhi
342 Answers
1 Consultation

5.0 on 5.0

Deposits the cheque. They will bounced and file FIR against builder of cheating. Don`t pay EMi of 5th floor. Bank will auction the property. BUilder will face that. 

Hope agreement has all details. 

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

If the cheque is bounced you can proceed with criminal complaint of cheque bounce against him under section 138 of NI Act. You can also file case for deficiency of service under consumer protection Act before consumer court along with the same

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

You should have settled the difference of price of both flats. In any case, you can file suit for recovery against the builder of unpaid price of flat sold by you. The limitation for presentation of cheques have already expired.The limitation for filing suit for recovery is three years from the date the amount became due.

Rajinder Goyal
Advocate, Chandigarh
67 Answers

5.0 on 5.0

Dear Sir,

Any agreement is valid for three years. You are advised to get issue a legal notice and initiate legal fight. You will win. The only core issue is that if the cheques are still in validity period you can get them bounce them and proceed or file civil suit on the basis of  such cheques and agreement. You may also approach Consumer Forum if your case is accepted then you are lucky.

 

Kishan Dutt Kalaskar
Advocate, Bengaluru
5283 Answers
171 Consultations

5.0 on 5.0

Hello, 

Send him a legal notice at the earliest and if he does not abide by the terms thereafter then file a case of cheating on him. 

Let me know if I can be of further help. 

 

Regard s

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

1. Firstly EMI you have to pay if the play is in your name.

2. Against builder you may file.consumer complaint and also deposit the cheque if same gets dishonoured you may file a complaint under Negotiable instrument act for cheque bounce after giving notice before the magistrate if on notice also he fails to make payment.

Shubham Jhajharia
Advocate, Ahmedabad
24319 Answers
96 Consultations

5.0 on 5.0

- As per the limitation Act, you can file a suit for recovery on the ground of executed agreement within a period of 3 years from the date of execution. Hence still you have limitation to file a recovery suit . 

- Further, if you have having builders cheques with you , then legally you should present within 3 months period from the date , written on the cheques, and after bouncing , you can file a case under Negotiable Instrument Act, read with section 420 IPC. 

- If, three months period already passed, then on the ground of cheques and agreement , you can file a recovery suit before the court . 

- However, before filling a case , you should issue a legal demand notice to the builder . 

- Since, you have taken housing loan from the bank, hence you are liable to pay the same and not builder , however you can inform the bank for the same. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

File a suit for specific performance of contract in the district court. You can also file a case in the district consumer forum.

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

On whose name that flat is till now. If the flat is in your name than ask bank to do auction. let builder also know this so you will take same discussion.

 

Kindly elaborate clear picture.. the second ground flat is on your name or builder name.

Ganesh Kadam
Advocate, Pune
9680 Answers
80 Consultations

4.9 on 5.0

1. If you have an agreement then you can sue first serve a lawyer's notice on him and then file a suit for recovery of money in the competent civil court.

2. If the cheques are still within the validity period then you can present the cheques for collection, and if they are dishonoured due to stop payment or insufficient balance then you can file a cheque bounce case against him after following the procedure laid down in Section 138 of NI Act.

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

File a police complaint against him under 406,420ipc

He will do the needful

Rahul Jatain
Advocate, Rohtak
2411 Answers
4 Consultations

4.9 on 5.0

You first issue a legal notice to the builder demanding the return of the amount as per agreement he entered with you and can inform him that if he is not returning the mount then you may initiate legal action to recover the amount through court.

If the builder is not complying with the demand made then you may proceed legally for recovery.

 

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

the first step that you need to take is to send them a legal notice. If they fail to revert back in the stipulated time, then you may go ahead and file a complaint in either the District, State or National Consumer Commission depending on the value. 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

Dear Sir,

You are suggested to serve a notice to the builder and then file a case against him for the specific performance. 

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

1. You should file suit for specific performance against builder.

2. Before that you can send him legal notice through your advocate for complaince of agreement which was formed 2 years back other wise be ready to face legal consequences.

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

Issue notice to Builder referring to the understanding and demand him to honor his contractual obligation, failing which.

You can file case before Consumer Forum seeking direction from Forum to order refund of money paid by you to builder with interest, damages for mental agony and costs of litigation.

Further, you can also present cheques issued by him, if the same are returned un paid, you can issue notice u/s.138 NI Act followed by cheque bounce case against him (this option is optional) 

S Srinivasa Prasad
Advocate, Hyderabad
1901 Answers
7 Consultations

5.0 on 5.0

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