• Land developer not ready to do sale deed

2007, my father decided to buy a plot of 1000 sq @rs 48 per sq ft total rs 48000 only offered on EMIs  from Alankar builders and land developers, they offered to pay the amount of rs 2000 for 24 months and after which sale deed would be done.
at the time of booking they made a agreement to sale on their letter head with the plot number and details of purchaser.(it was not registered) . has owners sign on it .
After collecting the emi, after few months,  he shut down his office and changed his number, so we were not able to cantact him, now some how we got hi contact number, when we called him and asked to do sale deed but he is not ready to answer anything, even he is not telling his address. 
Pls suggest what can be done ?
Asked 2 years ago in Property Law from Nagpur, Maharashtra
Religion: Hindu
1) file criminal complaint of cheating , criminal breach of trust against builder under section 420 , 406 of IPC 

2) you can also move consumer forum against builder to direct him to execute regd sale deed  in your father favour 
Ajay Sethi
Advocate, Mumbai
45648 Answers
2683 Consultations

5.0 on 5.0

You have the legal remedy to file a lawsuit against him to seek court's directions to him to honour the agreement by executing the sale deed, but you require the residential or office address of this man to enable the court to issue summons to him. So firstly find out his address. A criminal complaint for cheating can also be filed against him which can result in him being located by the police. Thereafter, you will be able to proceed against him in the civil court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, It is clear case cheating so you can lodge a police complaint for cheating.

2. Thereafter it is a case of deficiency of services so you can file a Consumer Complaint in the court for refund of the entire money paid by you.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

First approach the local police with a complaint about this cheating and fraudulent activity of the builder
If the police is not effective and you dont find any respite from police, you may file a private complaint under section 156(3) before the judicial magistrate court seeking direction to concerned police to investigate and book the culprit under appropriate law.
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

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