Land Lord refused to occupy the house
This is sateesh , I am software engineer located at Hyderabad. I purchased a duplex house worth of 44 lakhs. I paid 30 Thousand by way of cash and 3.7L cheque as a advance sales consideration as per the sales agreement. The same day he returned me the cheque and taken cash of 3.7Lacs.
The builder said that he has good contacts from LIC Loan department and He introduced known LIC executive to start process of remaining 40Lacs amount.
When sales agreement processed under LIC loan department, LIC manager said We can't give a loan amount of 40Lacs, We can able to disburse max 35.4Lacs for this property, then we had a discussion and builder took post dated cheques(infamous of house owner) worth of 8.7Lacs before registration and which is not mentioned in any documents. He promised that this cheques not going to drawn in any bank this is just for "security purpose".
In LIC Loan Department processed 35.4 Lakhs amount and said to do "Registration", then Builder demanded 5Lacs amount to execute the sales deed. I said I have already given cheques worth of 8.7L and its not possible to give another 5lacs amount. He forced me to give this amount and he assured this will be mentioned din the sales deed.
I have given 3.73L to builder by way of cash and spent 1.27 for registration (including document charges). In sales deed he mentioned 3.73Lacs and only mentioned one cheque issued from LIC worth of 14.91L. And He is not mentioned 20,49L amount which is also issued from LIC.
i.e. Sales agreement amounted worth of 44Lakhs and Sales deed amounted worth of 18.64L.
I paid 43.13L out of Total worth of 44Lakhs as agreed in sales agreement i.e. I paid = 35.4 (LIC Cheques ) + 3.73(by way of cash at the time of registration) + 3.70( by way of cash , the same day of sales agreement by returning my cheque 3.7) + 30K cash as mentioned in the sales agreement. The only amount left 87k from my side. Thus only 87k amount is pending due to builder ,that reason of non paying this amount is only non completion of some works by builder.
LIC loan department promised that they will not going to handover the cheques worth of 35.4 Lakhs, without intimating me. However I have signed the copy of disbursement and I said my co-applicant (my mother) is going to discuss with builder and then the cheques need to given to builder once the security cheques worth of 8.7 needs to return.
Without taking my mother signature (LIC Executive) done forgery in the documents, he issued the two cheques to builder. This caused the problem.
Builder is refusing to return the cheques worth of 8.7 and delayed to complete the pending works. He delayed the pending works by 3months.
Finally again asked him to deliver the house and return the cheques , he demanded 8.7 amount to pay, he misused my cheques by drawing in banks, cheques got bounced with "in-sufficient funds available"
I said him that I am going to issue legal notice on giving possession and miss-use of cheques. Then he issued me a "Legal noticed" by lawyer for dishonor the two cheques.
Further I have replied my statement to his lawyer that "I am ready to pay 87k and called up on to handover the house". He simply kept quite and not went for any court.
However , this is 8th month after registration builder not handover the house and demanding to pay the extra amount worth of 8 lacks.
As I am working as a "Software Engineer", I am too scary about the "Cheque bounce case", It is going to hit my career.
Many times I tried to called him upon "settlement" , he given two options to close the settlement. He place a security guard at my duplex house. He locked my house and running office usage.
Option 1: pay 2 lacs and he is going to resale the house
Option 2: pay 5.7Lacs and handover the house.
He also warned …! He said that he is going to kill me.
He said to he is going to bounce cheques 2-3 times and going to place "legal and crime" case on me.
Due to this litigation with house and due to delay house occupation, My marriage got postponed.
I have no choices to escape this situation, I am paying EMIs worth of 32k per month past from 8 months .
If I stop paying EMIs , LIC is going to file a case on me and this is going to burn my entire IT Career.
If I file a case in "Police station", this is again going to hit me back, he has the proofs of two dishonor cheques.
He mentioned two different amounts in sales agreement and sales deed to escape the "IT ride", and keeping two security cheques in hand to harassment. He done this by preplanned and mixed with LIC Housing department to forgery my mom signatures while disburse the amount.
I have attempted suicide to escape from this problem, Due to this I lost the opportunity of Overseas job and I lost the opportunity to marry and start new life in dream home.
Kindly suggest me to way forward.