Legal Queries

Question:
Sir, We saw the Advertisement in a local news paper in Mumbai that the "Flat for Sale" and accordingly we contacted the builder who gave the ad and after checking the documents we paid advance 20% sales price and the builder issued us a Reservation Form mentioning that Flat No. 204 is reserved for us and also issued the Receipt for advance received by him. The project is delayed for more than one year and we do not want to proceed with this builder since seems there is some problem with the title of the land on which the project is upcoming. Please advise how we can get back our money. The builder is telling us that everything is fine and project is going on as per schedule. Thanks. -- Shekhar, Mumbai

Reply:
Dear Shekhar

There could have been more than one legal remedies open for you, provided you would have entered into “Agreement to Sale” with your Builder and the said you would have got registered by paying appropriate stamp duty.

Now, since its not there, the best option is an amicable settlement to try to get your advance amount of 20% back especially when you are doubting on the plot’s title clearance itself. If builder is able to arrange a title clearance certificate for the building plot, and if you think the builder will be able to complete the project somehow, you may better try to enter into an agreement to sale only against your already paid 20% amount and try to get it registered, since getting refund from builders is really hard task. P.S.: It seems you need to issue a Legal Notice to Builder to complete the commitment and also file forgery case against builder that without clear title how can he taking booking amounts from flat buyers. Such a builder should be in jail for cheating.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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