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Saurabh   06 May 2022

Builder didn' disclos that flat was surrendered by previous owner but there is a loan on the propert


My name is Saurabh.

Last month i booked a flat from and paid 10% booking amount + 4 lakh cash to the builder. The basic price of the flat on agreement is 35 lakhs, for rest of the amount i was taking a home loan. Bank has found that there is already loan sanctioned against the same flat and the previous owner has surrendered the flat to the builder for whatever reason.

Now, i don't know what can i do in this situation. I do have receipts of that 10% percent amount but no documentation for 4 lakhs that i paid in cash. 

Please suggest the next step that will allow me to recover and get out of this mess.

Thank you!


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 May 2022

The same query is asked by you in the expert's column with some difference.  Why are wasting the time of the lawyers?

Saurabh   06 May 2022

Sincerly aplogies sir, It was not intentional, i am using this site first time. I tried to delete this one but just couldnt find the delete button

I will delete this one asap. 

Advocate Bhartesh goyal (advocate)     07 May 2022

Builders act not to disclose the fact that flat is already mortgaged and entered into for further sale amounts cheating with buyer for which he is liable to prosecute u/sec 420 and 406 IPC also his such act amounts unfare trade practice.lodge FIR against builder and simultaneously file complaint before District Comsumer Commission.builder will definitely return your booking amount and cash amount Rs 400000/-.

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