• Cash payment made to builder

Hi,
I have booked a flat in Pune one year before. I have paid Rs. 3721968 by taking loan from LICHFL and 685000 by cash. We have executed Agreement to Sale on 19.11.2014. Now LIC shall release our last pay cheque of Rs. 263032. However now when I have approached the builder he is refusing that I have paid him Rs. 685000 as cash and confirms that I have paid him only 5.00 lacs. Now he is asking fore more 1,80000 by cash. Without that he is denying possession of the flat. He has given possession to other people. Please help me to get my cash paid problem settled and get me possession of my flat. Sale deed is not executed till date. I dont have any proof of cash payments made to him. However I have my bank statements mentioning the details of cash withdrawn exactly the same amount how I have paid to the builder. Pl help me.
Asked 1 year ago in Civil Law from Pune, Maharashtra
1) you have no evidence of cash payment made to builder 

2) no receipts are issued by builder 

3)mere cash withdrawal from bank is not sufficient to prove payment made to builder 

4) what is basis of additional demand of Rs 1. 80 lakhs in cash . Is it provided in agreement ? 

5) pay by cheque if any such clause in agreement and ask builder to give receipts of earlier cash payments made 

6) you can move consumer forum against builder to seek orders to direct builder to execute sale deed and deliver possession of flat if payments made by you are as per sale agreement
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The builder is trying to extort money by playing fraud on you.  If he has not issued any receipt for the cash paid and again demands the money already paid, ask him to give it in writing the same and let him commit that until the said amount is not paid, the possession of the flat will not be handed over, after getting one such letter from him ,you may issue a legal notice to him demanding the possession as per the terms of the sale agreement despite making the entire payment in  full and failing to handover the possession of the property, you may approach the consumer forum for getting your grievances redressed. 
Take the help of a local advocate and  first issue a legal notice which will make some impact.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. It seems that you had not obtained receipt or acknowledgment of the amount paid in cash. The bank statements of the cash withdrawn do not prove that the cash so withdrawn by you was remitted to the builder.

2. If you go to court against the builder you will have no evidence to prove the remittance of amount in cash to him. A court battle will be a colossal wastage of time and money in your case. It is better to yield to the builder and pay him the amount sought by him to get the possession. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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