Misrepresentation
SAMIR SHAH
(Querist) 23 October 2015
This query is : Resolved
i have entered into a MOU FOR PURCHASE OF FLAT (RESALE). THERE IS A MISREPRESENTATION DONE BY THE SELLER AS HE HAS STATED IN MOU THAT THERE ARE NO LIABILITIES OUTSTANDING AND NO LITIGATIONS ON THE SAID FLAT. THE SOCIETY HAS GIVEN US A NO DUES CERTIFICATE ALSO. NOW WE HAVE COME TO KNOW FROM THE DOCUMENTS GIVEN BY THEM THAT THERE IS A PROPERTY TAX OUTSTANDING ON THE SOCIETY WITH 62 MEMBERS SOME OF WHICH BEING COMMERCIAL AND BALANCE RESIDENTIAL OF RS. 3.65 CR. AND A STAMP DUTY O/STD OF RS.45.00 LACS SINCE 1999 WHEN THE BLDG WAS REDEVELOPED AND THE PARTY SAYS THAT SINCE IT IS A LIABILITY OF DEVELOPER THEY ARE NOT PAYING IT AND HENCE THE SOCIETY IS NOT HAVING PROPERTY CARD IN ITS NAME. THE PARTY IS NOT READY TO GIVE THE EARNEST MONEY BACK AS HE SAYS THERE IS NO LAIBILITY.I AM HAVING PROOF OF MUNICIPAL CORPORATION. PLEASE GUIDE WHETHER I SHOULD GO FOR CIVIL SUIT OR A CRIMINAL CASE ON THE GROUND OF MISREPRESENTATION/ FRAUD.
Rajendra K Goyal
(Expert) 28 October 2015
Repeated query, no reply.
http://www.lawyersclubindia.com/experts/Misrepresentation-567036.asp
T. Kalaiselvan, Advocate
(Expert) 30 October 2015
Entering into MOU without verifying the details is your fault. Have you purchased the property ? if not then if the vendor is refusing to return the deposit money, you may file a case before the consumer forum for recovery of the money on account of cancellation of sale agreement because it is not free from liabilities and the vendor is not giving a satisfactory reply about the pending liabilities.
