• Builder insisting on buy the extra plot and not refunding money

Builder is insisting to buy the extra plot and not refunding the money already transferred in their account. I do not have any provisional agreement for the plot nor the receipt of the amount paid.
I had already made clear my intention of not buying the extra piece of land attached to plot number 59 before going to Vrindavan for registration of plot 59 and Villa no. 58 in June 2014, and had also transferred the necessary amount (only 1.5 lakhs was pending for which I was ready to give post dated checks). After going to Vrindavan the builder told me that they cannot sell the plot without the extra land which was not fair, given the fact that I had transferred all the amount except 1.5 lakhs to them (I have shared the transaction sheet with the builder after each transaction). I had also informed them that I have taken personal loan of 5 lakhs for the plot and am still paying the EMI of Rs 12159/month since 2014. Please let me know what options I have.
Asked 11 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) you must be having allotment letter from builder

2) if so builder cannot insist that you buy additional plot 

3) issue legal notice to builder to cancel your booking and refund your money  with interest as builder not entered into regd sale deed although 90 per cent payment made by you

4) if builder fails to do so move consumer forum against builder seek refund with interest 
Ajay Sethi
Advocate, Mumbai
25893 Answers
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1) emails are admissible in evidence 

2) you can rely upon transaction details of funds transferred in builder account along with emails to make out a case 

3) contact a local lawyer  
Ajay Sethi
Advocate, Mumbai
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1411 Consultations
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Allotment itself does not support title over the land but transaction of money is relevant fact to show your right in the property. You should file a suit for performance of his duty according to the communication and payment thereof , section 52 of TPA protects your right and builder is bound to perform his duty accordingly.
Shivendra Pratap Singh
Advocate, Lucknow
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45 Consultations
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The builder cannot force a piece of land down the throat of the prospective buyer. Since you do not have an agreement or the receipt of paid amount you have to rely on the email conversations and transaction details. You are free to issue a legal notice for cancellation of agreement and claim the refund of amount paid to the builder. If the builder refuses to refund the money then a suit for recovery can be filed against him.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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Since there is no provisional Agreement, we have to utilize the emails.  There is no other way.  What was written in the emails.  What was the total consideration, for what extent of land, what is the time limit to pay the installments etc.  It is better if you can give me the entire information of emails.  You can contact me through Kaanoon.com. 

I do not understand that while paying the Initial amount and first installment, you should have entered into Agreement with the Builder.  Without agreement how did you pay the Initial amount and first Installment. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
69 Consultations
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The amount transferred i the name of the builder shall become a valid receipt for raising a dispute on it.  You can refuse to accept the offer made by the builder to purchase the extra land and if he still forces you then you may first issue legal notice to him informing him that what he does is an illegal act or extortion and ask him to honor the original agreement as agreed between both or else to refund the entire amount, you can mention that you have documentary proof to prove the same. If the builder is still not responding properly or not complying with your demand, you may either drag him to consumer forum or initiate the recovery suit against him before the civil court. 
T Kalaiselvan
Advocate, Vellore
16260 Answers
151 Consultations
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As mentioned earlier I do not have any allotment letter for the plot, but I doo have transaction details and e-mail communications. Will that be of any help ?

Yes the said evidences in your possession shall constitute for a substantial evidence to prove your case against him, proceed.
T Kalaiselvan
Advocate, Vellore
16260 Answers
151 Consultations
5.0 on 5.0

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