Cheated by the builder & plot owner

MUKUND DHOTE (Querist) 29 February 2016 This query is : Resolved
Builder enter into agreement to with six buyers even he is not a sole owner for the plot

He continued the constrcution accouring to terms fo the construction delay it prolongffor Two year and sold out five duplex house to third party with help of Plot owner as Plot instead of the Houses, where in our Builder singed his signature as witness.

we are one of the victim as buyers where in 12.26 lacs paid for the construction remaining amount Rs.1.25 lacks to be paid at the time of the registered sale deed and possession.

Third Party asked to pay full cost Rs.29 lacks denied to enter into the Registration of the sale deed and.

We have approached to the cnacellation of sales Deed registered fradulently as plot of the Five Duplex House Build,in 10.12 lcka consideration amount, Five Buyers already beend approximatley 90 Lacs to constrction to the builder,

Can Regiering authority ahs power to cancel the earlierdeed registered as misvlaualtiona dn misrepresetation by the selle & buyers.

we approahed to the Distict Consumer Forum to specific Performance and notice served to the third partoy who has in possesed our duplex House on 08/01/2016 along with , Builder and plot owner too, but third party sold out the our Duplex House to fourth Party even noice served to third party and not disclsoe it while regisereing the sale deed with fourth Paty on 02/02/2016 befoer the Jt SUB Registrar Class II, is this not a contempt of the Court? is not mandatry to disclose about the notice served by the Distrcit consumer court befoer the Registering authority while registration? is this a nother frud befoer registration authority? can we challange to cancel the sale deed registerd 02/02/2016 with Registering authority?

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Santosh Goswami,Advocate (Expert) 29 February 2016
Matter has become complicated. If the relief of specific performance is underway, the sale deed can be challenged therein itself through an application. There is an apparent deficiency and unfair trade practice on the part of builder. You should have filed an application for stay till disposal of complaint. And if any such stay was in operation when subsequent sale deed was executed, then it certainly amounts to contempt. The matter has to be discussed once.
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