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SARO Enterprises   05 March 2023

Apartment sold to someone else

Hello Learned Members,

I booked a flat in Bangalore in 2013 by paying 1 Lakh rupees. Builder and me signed a unregistered agreement. After that according to the progress of the construction, I kept on paying the balance amount and I paid nearly 21 Lakhs. All transactions are through bank transfer only. After that there was a litigation and the construction was stoped.

It took 5 years for the builder to resolve the litigation and resume the construction. As the construction progressed, I called the builder to complete the flat and get it registered. But he didnt pick the call. I tried multiple times. Today I came to know that he has sold the flat to someone else at a higher price. 

There were no legal notice given to me that before he sold the flat.

Could you kindly guide some remedy for this situation?

 

Thank You



Learning

 2 Replies

Dr J C Vashista (Advocate)     05 March 2023

You should file a consumer / RERA complaint against the builder.

AND / OR

File a suit for specific performance, permanent and mandatory injunction and compensation for damages.

It would be better to consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

1 Like

SARO Enterprises   22 March 2023

Sirs, one follow up question, Can I mention in the prayer to cancel the sale deed which was made by the builder to the buyer under section 31 of the Specific Relief act?

 

Thank you


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