civil and criminal dispute
I have booked a flat having S.B.A 1550 sq.ft for total consideration value of Rs.30,00,000/- on dt.24.09.11 from the builder and accordingly registered sale agreement without possession was executed between myself and builder on the same date. As per the schedule payment conditions I have paid Rs.26,50,000/- to the builder which was duly acknowledged and money receipt were given by the builder and balance Rs3,50,000/- to be paid at the time of Regd.sale deed and handover the possession of the said flat by the builder.
I have issued notice of Demand through Regd.post with A.D on dt.16.07.2013 to the builder for registration of sale deed and handover the possession the said flat which was duly delivered to the builder on dt.19.07.13. The builder committing breach of trust made sale deed of the same flat (my booking flat) to another lady on dt.10.12.2013 but failed to give physiacal delivery of possession to her due to my strong protest .
When I proceeded to file criminal complain case as well as suit for specific performance of contract, the builder made request to compromise the above matters and promises verbally to refund Rs.45,10,000/- to me for cancellation of the Regd.Sale Agreement on dt.24.09.11 and handover cheque of Rs.15,10,000/- towards the part payment out of Rs.45,10,000/-.
I have deposited the above said cheque through my banker on dt.26.05.14 but dishonoured on the ground of Funds Insufficient in the builder account and I have issued demand notice u/s 138 of N.I Act through Regd.post with A.D which was delivered on dt.23.06.2014 but builder fails to pay the Rs.15,10,000/-within 15 days from the receipt of my demand notice and accordingly I have filed ICC case under sec 138 of N.I Act in the appropriate court in the specified time.
Kindly suggest me the remedies available in law so that sale deed can be made in my favor through court and the fraudulent sale deed executed by the builder will be declared as null and void along with other criminal steps to be taken against the builder.
Ajaya Kumar Dash