I have a Flat at Kolkata under Kendriya Vihar Cooperative Housing Society Ltd., and our Society is Registered under West Bengal Cooperative Societies Act 1983. I have executed an Agreement for sale of my above Property on 06.10.2011.
As per West Bengal Cooperative Society's Rules and Kendriya Vihar ByLaws transferee/intending purchaser make an affidavit in prescribed format, wherein he mention:
"That I do not own house or flat or a building or building site or land either in my own name or in the name of my family as defined under Section 13( 2 ) of the W.B.C.S Act, 1983 in the( KMAH area / New Town area / City / Town / Village ) where the proposed cooperative society is located."
But the intending purchaser/ transferee neither mentioned in the Agreement for sale nor inform me that he have an another property at the same locality. He denied to make an Affidavit which is mandatory to become a member of the Co-Operative Society. Accordingly he unable to purchased my flat & fail to pay me the balance amount of total consideration money.
Under the above circumstances please inform me :-
Can I take any legal step against the aforesaid intending purchaser/transferee ?
If Yes, under which Section and Acts of IPC.