property
prashant bhandarkar
(Querist) 23 April 2011
This query is : Resolved
I had booked flat in the year 2006 @ 2600/- psf and paid 25% amount Rs.300000/- by cheque to builder.
Plot is SRA plot and builder got LOI from SRA. Due to some problems builder could not start the project and now this builder has sold the plot to other builder.
Old builder is insisting me to get the refund of booking amount as he can not construct the plot.
I have made all the payments through cheques and collected receipts for the same.
I want to know can i fight for flat from new builder instead of refund ?
if yes what should i do for this ?
Thanks & regards
adv. rajeev ( rajoo )
(Expert) 23 April 2011
If there is an agreement by the old builder with the new builder that new builder is liable to refund the amount collected by him, then only you can claim the refund. If there is no agreement with new builder then you cannot claim. Make an enquiry with the old builder and take necessary steps
Raj Kumar Makkad
(Expert) 23 April 2011
Instead of going into the relationship of old and new builder you directly go against your builder means old and file a criminal complaint in police station against cheating and get lodged FIR. Let him clear his position. You should also file a civil suit seeking specific performance of delievering the possession of flat in your favour as per agreement entered between you and him.
R.Ramachandran
(Expert) 23 April 2011
I entirely agree with the views of and actions suggested by Mr. Makkad.
