Hello Sir/ madam,
I had purchased a plot in 2012, on installments and finished the complete payment in 2014. There was a Agreement to sale done and it is notarized.
Now the developer says he has legal issues so he is not able to proceed with the development and gives a option to invest in his another ongoing schemes or take the money back by 18%.
1. We have found that he has already sold his property to someone else, it is seen on the 7/12.
Can we do some legal action against him, as he has used our money for 4 years and no only returning it with 18%.
2. He has given us Postdated Cheques for 9 months, but has not given anything in writing, as to why he is giving these cheques, we are constantly behind him for a cancellation letter, but he has not given it yet.
Is it ok to enchash the cheque?
3. Main advice needed is, shall we accept that we have been cheated and take the money and sit quite or file a case and fight back?
Thanks & Regards
Asked 3 years ago in Property Law from Pune, Maharashtra
1) if builder is willing to refund your money with 18 per cent interest grab the offer
2) you can en cash the cheques received from builder for refund of your money
3) if you dont want to accept the offer move consumer forum against the builder and seek orders to direct builder to execute sale deed in your favour
Thank you Sir,
Is the cancellation letter not mandatory? if later makes false claims on the cheque that he has give us?
Asked 3 years ago
1) send letter recording that cheques have been issued on cancellation of agreement
2) ask builder to confirm the same
1. Lodge a police complaint against him for cheating you,
2. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the amount required for purchasing same area of flat at similar location with interest, damage and cost,
3. Even if you take back the refund of the money you have paid do not mention any where that you are satisfied and relinquish him from all his liabilities.
1. You should collect the letter from him stating why is he issuing you tghosr cheques,
2. If the cheques bounce and you file case u/s138 of N.I.Act, you shall have to establish his dischargeable liabilities against you,
3. He can very well get a termination letter issued by him accepted by you without mentioning anything abot those cheques and aftr hat get those cheques bounced. In that event it will be difficult for you to stablish his dischargeable liability on you,
4. In that event you may lose both the flat and refunded cheque amount,
5. Stay alert in this regard.
Hi sir/madam, if you want the said plot, you have to issued a legal notice to the said developer and to file the civil suit for declaration of cancellation of sale deed as null and void and specific performance to execute a sale deed infavour of you before the jurisdictional civil court against the said builder and the subsequent purchaser who get the property of yours. In mean while you have to give police complaint regarding cheating to you by the buyer, it will very helpful to yours. In respect of cancellation of Agreement, if the buyer issued a legal notice to you for the same cancellation of the plot of yours and etc.,. Regarding Post Dated Cheque (PDC) you should not accept it, if you will accept it will be drawback to you. You do not admit the cancellation of agreement, you will take stand is that you are not aware of the said cancellation of sale agreement.
If the cheque payment includes his promised 18%,better accept it and encash the cheques as and when it becomes due.
You have an option to file a suit for specific performance of contract on the basis of sale agreement seeking specific relief due to his non-performance of his part ofthe contract.
You have another option to approach consumer forum seeking relief and compensation due to mental agony due to his deficient service.
1. By selling the property to some other buyer, without your consent, the developer has violated the agreement which he had executed with you. As a corollary thereto, you can sue him for breach of contract to claim damages. You may also challenge the sale which he made in favour of a third party.
2. If you encash the cheques your right to sue him for breach of contract will be foreclosed.
3. If you wish to seek compensation from him then issue him a legal notice for cancellation of the agreement.