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Deepak Kumar Vasudevan ((Confidential))     07 April 2010

Builder delaying and denying repayment

Hi there,

I had a sale deed for a document setup sometime in January 2010. Due to various reasons I was unable to raise the funds and credits and hence I was unable to proceed with the purchase. I duly communicated the same to the builder.

He is unwarrantedly delaying and denying the repayment and now trying to avoid answering the calls by spinning stories like 'I am not in station', 'Come after 7 PM', 'Come on Monday' etc.

Can you please help me how to get the repayment?

Thanks and Regards,

Deepak Vasudevan


 5 Replies

Suryanarayana Tangirala (Advocate)     08 April 2010

Did u enter into agreement of sale?if so issue a legal notice expressing your desire to get the saledeed registered and that he is avoiding execution of saledeed.u can file a suit for specific performance of contract.

1 Like

Deepak Kumar Vasudevan ((Confidential))     08 April 2010

The sale agreement needs to be canceled and the amount paid need to be refunded back because we could complete the deal.

What is the procedure for the same?

bhagwat patil (Property due diligence 9422773303)     08 April 2010

just follow him whenever he asks you to come go. follow up him . are the samps are purchased by him ? is there any agreement to sale? 

Akhilesh Kumar (Legal Counsel)     08 April 2010

What are your issues?

You have made a Builder buyer agreement for purchase of that property now you have no money to pay the builder and you want to withdraw the purchasing isnt it?

if yes then firstly read the agreement and send the relevant para in this regard. becouse you have entered in to a contract you have to fulfill the terms and conditions mentioned under the contact of sale.

Prakash (proprietor)     08 April 2010

Delay and denial is on your part. You are the one who has committed defaults and thereby breaches of the Agreement. Don't kid yourself, you have uphill task ahead.If he forfeits the money, you will have to file suit for getting back at least some of the moneys paid by you. In india, law is generally against forfeiture, but there are also cases which say that just because the amount paid is large, it doesn't mean that it can not be forfeited.Approach him personally and have the agreement cancelled by mutual consent. Alternatively motgage the property with bank and pay up builder with interest.good luck 

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