I have booked a Flat in New Mumbai. Paid the Builder Rs 2,50,000 as advance being 22% of Flat amount and we have signed the Agreement to Sale, but now the Builder refused to come for registration. He keeps his mobile shut and when we visit him he is not in his office only some lady is sitting and she is also not cooperating. VIP-Mahape, Navi Mumbai

For the amount paid by Bank cheque or DD or Bank transfer, you can prove easily. As far as amount paid by cash and if you have got the receipt issued by the developer as Booking of particular Flat then also you can prove it easily. Once 20% booking amount is received by the builder, you can force him legally to sign the "Agreement to Sale". The transaction must be within the limitation of 2 years to compel the builder to sign the agreement to sale.

Verbal communication and visiting his office will not give you any result. You will need to issue him legal notice through an experienced lawyer to enforce your rights under MOFA 1963.

Ibrahim Deshmukh
Legal Consultant
[email protected]