LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SR Enterprises (Consultant)     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



 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

SR Enterprises (Consultant)     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


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register