Builder torture
Payal
(Querist) 07 February 2012
This query is : Resolved
Respected Members and Lawyers,
I have seen one flat in Mumbai.
I have paid a total of 7 lacs in cash to the builder. I do not have any receipt for the same.
Flat is worth 23 lacs. I need to do the registration and pay stamp duty in a weeks time.
Also I need to pay a cheque to the builder for remaining 15 lacs on the day of registration.
My circumstances have changed and I am no more in a position to arrange for 15 lacs immediately.
I told my circumstances to the builder. He says that now the rates of the flat have gone up in comparison to what the deal he made for me. I tried convincing him that since the rates have gone up you would be in a better position to make profit out of that flat but he is not listening.
Now he is not ready to pay me my 7 lacs.
What are the options left for me ?
I have invested my hard earned money in the flat and am stressed with sleepless nights as to how can I handle this ?
Somebody please help me.
Payal
adv. rajeev ( rajoo )
(Expert) 07 February 2012
Without documents you cannot do anything. In a smooth way only you can recover the amount from the builder or try to get receipt for that.
Devajyoti Barman
(Expert) 07 February 2012
You have made a great mistake by not entering into written sale agreement.
In absence of a written agreement for sale you case otherise having merit has no chance of success before the Consumer Forum.
So your only remedy is before the civil court by way of suit for specific performance of contract where you can ask for return of your earnest money.
V R SHROFF
(Expert) 07 February 2012
Payal, There is no legal solution
any way, send PM to me urgently, or SMS me with all details , your problem will be solved immediately .
Shailesh Kr. Shah
(Expert) 07 February 2012
No help could be possible, since you have not single document.
why are you not re-sell flat in open market?? Often, such practice acceptable by builder.
Deepak Nair
(Expert) 07 February 2012
Legally there is no solution to your problem.
Try and contact Mr.Shroff as advised.
Sankaranarayanan
(Expert) 07 February 2012
Yes as per law non of evidence infavour to you. Mr shroof told he will help , if any possibility then we happy on it
