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Tarachand   20 April 2017

Builder illegally sold my flat

Sirji/Madamji,

Builder Sold Flat to Mr Akash in 2010 and Secretary of Society (Registered society) issued Maintenance Bill in 2014 which stand in name of Mr. Akash

I purchased Flat from Ajkash in 2014

MR Akash refused to sell the Flat after taking 50% payment and hence I filed RCS in which Status Quo Order was given against Mr Akash which was informed to Mr. Akash, Secretary of the Society and Builder, too

I came to know that, before 03 months Mr Jayant (Father of Mr Akash) with consent of Builder (as consenting party) sold that Flat to third person and received full sale-price and gave him possession thereof

I filed application Under Order 39 Rule 2(A)  in which Mr. Akash replied that he has not sold that Flat but Mr Jayant has sold thembecause he (Jayant) was the original owner of the Flat and hence he (Jayant) sold that Flat and therefore the contempt petition is not maintenable

The Application Under Order 39 Rule 2A and the said RCS both are pending

The Advocate of the Builder is now Handling the case and one Boduguard of Builder called me and told me that   "either take your money back whatever I had paid or Nothing will remain for me"

 

Query

What action can be taken aginst the Builderin above situation

 

Also Guide any Other Option

 

HARIOM

 

 

 

 



Learning

 1 Replies

Tarachand   20 April 2017

Note :-  Third Para  above is as under

I came to know that, before 03 months Mr Jayant (Father of Mr Akash) with consent of Builder (as consenting party) sold that Flat to third person and received full sale-price and gave him possession thereof
 
Here please Note that the Builder himslef is a Consenting Party in the Agreemnt for Sale for selling that Flat to third person by Mr Jayant (Father of Mr Akash)
 
HARIOM
 
 

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