Harish (Chief Resource Manager) 27 June 2016

Can a consumer court order for cancellation of a registered sale deed

Respected Learned Members, I had entered into an agreement for sale for purchase of flat in Bangalore in MArch 2008. The flat (which is still incomplete till date) was registered in my favour in August 2008. Howevver till date the possession of the flat has not been given to me. I have filed a case in Consumer Court requesting the court to ask the builder to pay my entire money with interest and take back the flat. Can the Consumer Court cancell the registered sale deed or else what is the option

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Angad Singh (Lawyer) 27 June 2016

You should have inserted more prayers instead of just asking for the money. Nonetheless, the consumer cannot vitiate a deed of sale unless the object of the deed in unlawful or is so grossly menacing that it transgresses public morality. The consumer courts primary duty is bringing satisfaction of a contract, but in this case the court will have to pay heed to your prayers first if it thinks fit.