Dispute between building developer and promoter of building
We have booked a flat in one of the scheme by giving cheque of Rs. 2 Lacs and 27% amount of flat in cash. Said cheque and said 27% amount of flat in cash was handedover to the developer in the site office. The Developer has also provided us the receipt of cash and further informed us that within few days Banakhath shall get ready for registration. The cheque was deposited in RERA account of the scheme and was cleared from my account.
On following up with the builder as well as developer for registeration of banakath, they ask for certain more time for execution.
Later we liased with promoter for getting banakath executed and registered , it was informed to us that said flat was earlier sold to some other party and same needs to be first cancelled and than banakath in our name can be executed and regsitered. HE assured us that matter is in process and cancellatiion of other deal will be done soon.
We were continuosly following up for getting matterr resolved .
Later on It was found out that Promoter of the builing have filed case against developer for selling same Flat to more than 1 person in a time and not giving money to him as well as not completeing the work in appropriate time frame. Developer is now under the custody of Crime branch.
We continued our follow up with promoter for same against which promoter assured us to get matter resolved and execute banakath soon in our favour.
On pressuring promoter to resolve matter , he has not accepted that cash is received by him which was given by us to the developer and now promoter is asking us to get cash arranged from developer which was given by us to developer (27% amount of flat) for further execution of banakath in our favour.
He is now insisting that if we do not arrange case from Developer he will transfer the amount of 2 Lac deposited in RERA account back to our BAnk account and cancel the Booking of the Flat.
We hereby request you to guide us legally in the matter. Can the Promoter transfer 2 lacs amount which was deposited in the RERA account directly in our account and cancel the Booking of the Flat without our consent. What Action as a Customer we can take against developer as well as promoter to get our Flat secured.