Sale deed
Querist :
Anonymous
(Querist) 28 January 2010
This query is : Resolved
I have booked a flat in ahmedabad on jan 2009 for which the sale of Agreement has been made by the builder on Feb 2009.
As per the terms and condition (agreement) I have to pay the entire amount (Rs.25,00,00) to the builder during the possesion.
Initially I have paid Rs.4.0 Lac on Feb' 09 and remaining amt. through SBI Loan.From the Loan 80% has been paid on Mar'2009.
Now the Builder is not agreeing to make sale deed and informed me that he has cancelled the flat. What is the step I need to take.
The main intention of me is From Mar'09 he is asking me the balance 20% loan from me. Now he is saying that you have not paid me the 20% amt. hence I have cancelled the flat.
Can he cancell the flat when he has registered the sale of agreement without any other clause. Can I go for consumer court?
Plse help
R.R. KRISHNAA
(Expert) 28 January 2010
The right of the builder to cancel the allotment would purely depend on the terms of the clause of the sale agreement about the time of performance of the contract. If there is a specific clause that "you have to pay the entire amount within a specified period of time and in case of failure to pay, the agreement shall be cancelled" then the builder is right in doing so. If there is no such clause, you are entitled to seek specific performance of the agreement to allot the flat to you.
This is purely a civil dispute pertaining to specific performance and there seems to be no deficiency in service to invoke the provisions of the consumer protection act.
Querist :
Anonymous
(Querist) 28 January 2010
Thanks Mr. Krishna & Raj.
I am afraid that i am not basically gujaratian. Is there any possibility of the builder to influence the court decision by anyother means?
If I pursue with court generally what is the time duration for these hearings?
Whether I would get the compensation with intrest along with the flat?
Could u suggest good lawyers in ahmedabad in case if you know.
Whether I need to go for consumer or civil court?
B K Raghavendra Rao
(Expert) 28 January 2010
You have to go to the civil court. You would not get compensation. If you pursue the matter in a court of law, it would be at least two to three years before you could obtain a decree. There is no possibility of the builder to influence the court except on merits by valid documents and evidences.
I suggest, you go through the agreement properly. Your second para says 'I have to pay the entire amount to the builder during the possession'. Meaning is not clear.
If you are at fault, nothing much could be done but to lose the flat and penalty amount if any prescribed in the agreement. If you are not at fault, you stand chances of getting the flat back with court costs or if you so opt you may get back the amount paid by you.
Querist :
Anonymous
(Querist) 29 January 2010
Thanks to all of you.
Can you plse let me know what would happen if I lose the case.
Querist :
Anonymous
(Querist) 29 January 2010
Could any of the expert help me to know the cost of the lawyers in civil court per year.
Guest
(Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com
B K Raghavendra Rao
(Expert) 31 January 2010
If you loose, you will be entitled to receive back the amount paid by you. Regarding lawyers fee, it depends upon whom you engage.
Querist :
Anonymous
(Querist) 02 February 2010
Is there any possiblity for filing a case in consumer court for this type of cases?
OR only the option is to go for the civil court.
Expecting the response from the experts.
B K Raghavendra Rao
(Expert) 02 February 2010
If there is a deficiency in service, only then you approach consumer forum. Here in your case, if allotment / sale is canceled because of your default, you will have to go to the civil court for claiming refund of the amount paid by you.
Querist :
Anonymous
(Querist) 02 February 2010
The builder has not given any document for cancellation. He is orally harassing me by saying that. As per the Sale of agreement by 17th Feb 2010 he has to hand over the flat to me so that the bank would release the balance payment.
But he is neither saying cancelled nor said he will allot the flat to me.
My worry is that if the 17th feb crosses the sale of agreement would be not in force.
If the validity of the agreement is till 17th Feb 2010, can I sue a case after the expiry date.
The most critical fact is that the builder is saying that he will confirm by a week and almost three weeks has gone. Still he is saying the same words.
What should I do?
Querist :
Anonymous
(Querist) 02 February 2010
In this case i feel it is deficiency in service. So can I go for Consumer court.
Which is better?
