Breach of contract by Builder
Prashant Ramdurgkar
(Querist) 27 July 2010
This query is : Resolved
We have booked & Registered a flat on 4th floor in june 2006 and later came to know that the building plan for that floor was not yet approved by the Corporation authorities. However, after paying 10% of the total cost of the flat, the builder was relectant to give us the original copy of registered agreement which he collected from registration office. We latter came to know that he has sold the flat to a dummy buyer executing unregistered agreement at double the cost only paying stamp duty under amnesty scheme. On confrontation the builder producted fake demand letters stating that we failed to comply to his payment demands and hence cancelled our agreement unilaterally within 3 month of our registering the flat. His alleged demand letters indicated 70% of work being completed. However he had got commencement certificate from the corporation authority in Nov.2007 and plinth checking was done in August 2006. Thought we have registered a case with consumer forum, kindly advice on the case.
---Prashant
Raj Kumar Makkad
(Expert) 27 July 2010
File a criminal case under section 420/467/468/471 IPC against him for cheating, forging, misappropriating etc. against you. You may also file a suit for recovery of your hard earned money with cost and expenses in civil court.
Devajyoti Barman
(Expert) 27 July 2010
That apart file complaint in the consumer forum for damages also.
Prashant Ramdurgkar
(Querist) 28 July 2010
Sirs, In concern to the case, i would like to know :
1.under what legal circumstances and how can the builder cancel registered agreement unilaterally?
2. Sending Demand letters under certificate of Post stands ground in court so as to lead to cancellation of registered agreement ? when the postal department itself doesnt claim slightest gaurantee for that service.
3. Is it not mandatory for the Builder to have used authentic source of communication such as legal notic throu register AD before concluding that the agreement is to be cancelled unilaterally?
4. Can a builder start booking properties on the floor which is not yet sanctioned by the authority? I mean, is it legal?
Pls knowledge us
Chanchal Nag Chowdhury
(Expert) 29 July 2010
Lodge a FIR with the local PS. Start a case u/s156(3) CrPC triable u/ss. 420,403 etc. of IPC should the police fail to Start a case.
