Purchase of flat
DD_80
(Querist) 22 November 2014
This query is : Resolved
Me and my two friends booked the flats at Bangalore from Reputed Builder.
Total value of flat is 56 Lacs. we have given initial 12 lacs money by A/c payee cheque to the builder and given 2 lacs Rs by Cash. on paper they put 54 lacs of total flat value. due to giving 2 lacs by cash they gave good deal so we accepted this.
we got receipt of 12 lacs and for 2 lacs they have written to the company's letter head that they have received by 2 lacs amount also.
Sales agreement was also done on e stamp paper.
all the deal was done through sales manager at the builder office premises.
Today we people just went to their office for general follow up about our flat work progression. But we have shocked at the time of the discussion with the builder.
He told that he has not received any money which was deposited by cash.
and the sales manager put the builder duplicate signature and gave the acknowledged letter of Rs 2 lacs. sales manager cheated to the builder and us. Now the builder saying that he has not done any mistake and mistake was done from our side as we have given money by cash.
due to this internal reason they were shut down the entire group project work for next 6 months or much more. When we were asking for why, they were telling some story (group internal employee did fraud with owner), but this story has lot of ambiguity and Gray shadow.
So we are in really in panic situation.
Kindly advise me how to take action on builder.
Is there anything that they can file some case or put us on trouble due to giving 2 lacs of cash.?
Can we complain a FIR for on builder for this issue?
But nowadays all the builder asking for some cash amount to give the best deal. we also thought like this and given cash to them.
we are working in IT company and money we have saved for the flat by day and night hard working.
we don't want to loose any money. we want to get the our flat which we booked for.
Sir, please help me on this.
Appreciate your help.
Regards,
D Das
Anirudh
(Expert) 23 November 2014
Whether the Agreement to Sell has been duly signed by the Builder or not?
Whether in the Agreement to Sell the consideration has been properly shown as 54 lakhs and whether it also records that you have paid 12 lakhs through cheque?
Is there any time limit as to when you have to pay the balance 42 lakhs?
Is there any time limit as to when the builder is to hand over the flat to you?
ajay sethi
(Expert) 23 November 2014
answer queries raised byy MR anirudh
you have paid Rs 12 lakhs by cheque drawn in favour of builder . sales manager has accpeted Rs 2 lakhs by cash for an on behalf of builder . receipt has been issued for an on behalf of builder . how can builder refuse to honour the sale agreement executed on stamp paper . file complaint of cheating criminal breach of trust against builder and sales mangaer .
you can also move consumer forum against builder to direct him to honour terms of agreement duly signed by you .
DD_80
(Querist) 23 November 2014
Thank you so much expert for your advise.
we don't want to go against builder as they have more power and we are very simple person.
2 lacs which i given to him by cash they did not provide any receipt, but they have provided one acknowledgement letter on the company's later pad that they have received 2 lacs rs by cash.
now they builder says its one type of bribe that we gave him, but how come its bribe as we have proof of 2 lacs. now the builder creating many issue to us we don't know what is his intention.
what we understood, possesion date is very much closer coming dec 2014, and grace period is 6 months. still there are lots of work pending. and they wont be able to deliver by dec 2014. now it could be the reason that builder is playing game here as he is unable to deliver the flat after dec 2014.
can you please tell me, does builder has any legal rights to keep us on trouble due to handing over 2 lacs of cash?
Please reply sir.
appreciate your help.
Thanks,
Das
Anirudh
(Expert) 23 November 2014
Dear DD-80,
I learn from you how to successfully not answer a specific and pertinent question posed to you.
Raj Kumar Makkad
(Expert) 23 November 2014
Unless you provide the reply of the query raised from you, forget to get the desired reply.
DD_80
(Querist) 23 November 2014
Sorry Anirudh sir. Apology for the same.
Please find the answer:
Whether the Agreement to Sell has been duly signed by the Builder or not?
Ans:Yes, Agreement was signed by Builder.
Whether in the Agreement to Sell the consideration has been properly shown as 54 lakhs and whether it also records that you have paid 12 lakhs through cheque?
Ans: Yes in the sales agreement 54 Lakhs recorded. Yes 12 Lakh also mentioned which i paid through cheque.
Is there any time limit as to when you have to pay the balance 42 lakhs?
Ans: Yes at the time registration 42 lakhs i have to pay.
Is there any time limit as to when the builder is to hand over the flat to you?
Ans: Yes in the agreement its mentioned that Builder will handover the project by December 2014 with a grace period of 6 months.
Kindly advise.
Regards,
Das
Anirudh
(Expert) 24 November 2014
Since the agreement to sell is talking only about Rs. 54 lakhs out of which you have already paid Rs. 12 lakhs and balance 42 lakhs is to be paid at the time of registration (i.e. registration of the Sale Deed), he cannot do anything in regard to Rs. 2 lakhs.
As regards handing over of the flat, simply remind him (also take acknowledgement of your letter to him in this regard) that according to the Agreement to Sell the flat is to be handed over by December, 2014 and on what date he will hand over the possession. Please also indicate in the said letter that you are ready and willing to pay the balance consideration of Rs. 42 lakhs, as agreed in the Agreement to Sell, at the time of Registration of the Sale Deed.
Whenever you are reminding him, please always mention that you are ready and willing to pay the balance Rs. 42 lakhs as per the Agreement to Sell.
This will be enough to protect your interests.
T. Kalaiselvan, Advocate
(Expert) 26 November 2014
Further, as far as the the amount of Rs. 2 lakhs paid by cash, gather the information that whether yo alone paid that amount to the sales Manager or other like minded people aspiring to purchase flats from that builder/premises did pay the said amount, if so, it is well planned criminally conspired strategy by the builder in collusion with the so called sacked manager to not only extract extra money illegally this way from the purchasers, but also a well knitted plan to defer the construction work or to create a platform to give lame excuses for non-completion of the flats in due time.
The solution is that you gather all those affected and raise a combined protest against the powerful builder and legally represent before appropriate authority for the discovered frauds or before the proper consumer forum against the delay.
