Double selling of flat by builder
zangduz zhunuzhunu
(Querist) 27 October 2013
This query is : Resolved
can developer sell same flat to multiple buyers
ajay sethi
(Expert) 27 October 2013
issue legal notice to builder . file case before consumer forum against the builder to direct him to deliver vacant possession of flat to you . . since builder had entered into deed of rectification with you in sept 2012 he had no business in selling same flat by registered sale deed to third party .
bhagwat patil
(Expert) 27 October 2013
Mr Shamkant you can file a complain also.as u say the the builder had cheated you he might be ready for facing legal course and take the advantage of delay of our legal system.
Rajendra K Goyal
(Expert) 27 October 2013
Issue legal notice and file consumer complaint as advised by the expert ajay sethi ji.
Raj Kumar Makkad
(Expert) 27 October 2013
Filing criminal complaint is the shortest and effective way to get the desired results. Obtain the help of police or file complaint before judicial magistrate.
bhagwat patil
(Expert) 27 October 2013
follow the advice of MR RKM.
ajay sethi
(Expert) 28 October 2013
file complaint before consumer forum . if builder wants settlement you can file consent terms in court .
deed of cancellation can be executed with consent of parties
ajay sethi
(Expert) 28 October 2013
builder is out to make money by selling same flat to multiple buyers .
zangduz zhunuzhunu
(Querist) 29 October 2013
Sir one more query. He had sold parking slot no.3 to me and also he had issued receipt mentioning received money towards parking slot no.3 and also the same is included in registration in Dec 2010. In dec 2012 he has again sold parking slot to another person by doing registration. What legal steps can i take in this.
ajay sethi
(Expert) 29 October 2013
builder has no powers to sell the car parking slot as per supreme court judgment
Rajendra K Goyal
(Expert) 29 October 2013
Builder can not sell car parking slot as per Supreme Court ruling.
zangduz zhunuzhunu
(Querist) 29 October 2013
Thanks for your suggestions sirs. I am obliged to you.
V R SHROFF
(Expert) 29 October 2013
Builder can not sell car parking slot
zangduz zhunuzhunu
(Querist) 06 November 2013
One more Advise I need. Builder had ordered me to pay 5% of Market Value of flat towards (ST and VAT and labour cess) in June 2012 which I have not yet paid to him since he had given possession date as Apr, 2012 and till date he says possession is possible only in Dec 2014. Can builder cancel my agreement since I have not paid ST and VAT till date. Can I pay ST and VAT at the time of possession in Dec 2014. Can I directly deposit ST and VAT with Govt after possession. Also how ST and VAT is calculated
Rajendra K Goyal
(Expert) 06 November 2013
You have to pay ST and VAT as applicable. You can deposit it directly on a challan form supplied by the Co. and give them receipt thereof for their return purpose.
zangduz zhunuzhunu
(Querist) 07 November 2013
My query is that can I pay ST and VAT at the time of possession in Dec 2014. Can builder cancel my agreement if I dont pay ST VAT now since he has issued letter for payment
zangduz zhunuzhunu
(Querist) 24 April 2014
Can developer cancel my agreement on non payment of ST and VAT ground. I had offered him part payment which he did not accept in 2012. Now in March 2014 he had issued me cancellation on the grounds of non payment of ST and VAT. I had issued him cheque for full amount in Feb 2014 which he returned without any covering letter. Also possession date agreed by him was April 2012 and till date no possession is given by him.
Advocate. Arunagiri
(Expert) 24 April 2014
ST and VAT are part of the sale considerations, if you have not paid that, it means that you have not fully paid the sale consideration.
ajay sethi
(Expert) 24 April 2014
we have already advised you at length . instead of raising mutliple queries and modifying queries based on our inputs better contact a local lawyer .
