Property

Arunpal (Querist) 01 February 2017 This query is : Resolved
A agreement to sell of apartment was made with the builder for total consideration of rs 40 lakhs and 25 lakhs were paid and rest rs 15 lakhs to be paid within six months .
After one month the builder approached the party that the builder is getting a much higher price for the property from a third parry and hence the builder will give the party a amount of rs 30 lakhs to cancel the agreement and the builder paid a cheque of rs 30 lakhs and a cancellation of agreement was made after that the builder told the party not to present the cheque of rs 30 lakhs and grant him a further time of 2 months . After passing of 2 months the builder is asking for 15 days more .
It seems that the builder is not ready to pay the amount and nor ready to hand the property and is trying to cheat .
Can a criminal case can be filed against the builder.
How should i proceed so that my amount 8s recovered ?

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Madhava Rao Gorrepati (Expert) 01 February 2017
cancellation of agreement is conditional in that on payment of Rs.30 lakh the earlier agreement is to be cancelled.Whether any time is mentioned that within so and so time the cheque is to be presented? if not the cheque is to be paid immediately. Do you still want property? so you have a copy of the earlier agreement? if so present the cheque immediately. it would bounce. file a criminal complaint after statutory notice. Do not waste a single minute. he would come to terms on receipt of notice. If he does not come to terms serve another notice that saying that since the terms of the cancellation of Agreement were not complied with the original agreement still holds good and you are ready to perform your part of the obligation and ask him to execute a sale deed receiving the balance sale price. If does not kneel before you you have can exercise both the options one is prosecution for cheque bouncing and the other is specific performance of the contract of sale. good luck. go ahead.

Kumar Doab (Expert) 02 February 2017
You should have presented the cheque.

Rajendra K Goyal (Expert) 02 February 2017
Present the cheque and get it bounced. File case of 138 NI Act.

Also can file case of cheating.

Can file civil suit for recovery of your money.