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Maya Singh   09 May 2021

Booking of flat in new construction through estate agent

I wanted to purchase new flat on full cheque payment. For that I approached a estate agent and selected a flat for Rs. 38,50,000 for which Rs. 1,51,000 token money was asked via cheque in the name of builder.
Next day agent asked me to do online transfer of Rs. 1,21,000 into some bank account for guaranteeing the booking which I did.
Later he gave his agency receipt in my name mentioning the flat no., building name and area of the flat.
He then said that the flat has two investors/allottees to whom MOU has to be made which I made. Agent showed allotment letter of builder in the name of investors/allottees. Then more Rs. 10,00,000 was asked so online transfer was made into investors/allottees account.
Now agent asking full balance payment before executing registered sale deed. I am stuck as I have not yet met the investors/allottees and I am not sure if after getting full payment the investors/allottees will execute the sale deed. I have till date paid Rs. 11,21,000. Please help I also need a lawyer in Mumbai for this matter.


 7 Replies

Pradipta Nath (Advocate)     09 May 2021

Don't make any further payment to the agent. In the meantime engage an Advocate.

1 Like

Sankaranarayanan (Advocate)     10 May 2021

How you paid maximum amount even without knowing the builder ? State the facts clearly

1 Like

Dr J C Vashista (Advocate)     10 May 2021

File a police complaint for cheating, fraud and extortion against the so-called "agent" and builder.

Besides this, you should move to competent civil court for specific performance and permanent injunction, seeking the relief of interim stay order.

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

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 May 2021

You mean to say that you paid amounts to the Real Estate Agent totalling Rs. 12.72 lakhs without even verifying any documents and obtaining Legal Report on the Documents?!


Insist on the Agent for producing the relevant title deeds and link documents with which the builder/developer is going ultimately construct the apartments. Of course, you may meet the persons concerned also.  You may also ask for the approved plan for the apartment building besides NA (Non-Agriculture) Certificate from the competent authority. Insist on making the payment only after these documents are produced and you visit the location of the proposed site.


If the Agent is not ready even to show the documents, you may consult a local competent and reliable Lawyer to assist you in the matter.

1 Like

Trivendra Sharma (Practicing Lawyer 9918411669)     10 May 2021

Real estate agent is not authorised to collect payment for builder and issue any payment receipt. You are stepping in deep trouble. Better not to pay anything now and talk directly to builder and find reality behind curtain. 

It is advisable to not to make any payment except builder, only through account payee cheque. 

1 Like

Maya Singh   10 May 2021

The agent as well as the builder are RERA registered hence I did not suspect any wrong doing.

T. Kalaiselvan, Advocate (Advocate)     12 May 2021

Since you have paid the money by cheque and online payments, the evidence for payments made is available which cannot be denied.

As you do not suspect the credentials of the builder/agent you may not worry in this aspect, if at all something goes wrong, you can easily recover the amount by resorting to proper legal action on this. 

1 Like

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