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Latha   04 September 2018

Builder gave sale agreement for already sold flat

Hi, We recently booked a flat in Bangalore and after paying initial amount, we got sale agreement from builder. But when we applied for Loan, bank rejected our loan saying that flat is already registered to somebody. How can I take action on builder as he tried to sell already sold property. 



Learning

 11 Replies

rajuchowdappa   04 September 2018

Mrs.Latha,

I am Advocate from Bangalore and you can contact me to this number 9980635871

Adv.Balachander Reddy ( Advocate IPR Attorney Human Rights Defender and RTI Activist)     04 September 2018

Do immediately serve a demand legal notice seeking to refund the earnest money...If not you can file 420 case...

Adv. Aditya (Litigator GROSON ADVISORS)     04 September 2018

Dear Concerned, 

With the given information, it can be hard to attribute cheating or fraud on the part of builder, but do try, and move to consumer court for deficient service & unfair practice and return of money. 

Regards,

GROSON ADVISORS

legaladvice@grosonadvisors.com

 

pankaj verma   04 September 2018

you can file the online cosumer complaint against him 9816374011

(Guest)
if the value of the flat ( as per agreement ) is more than 1 crore rupees approach ncdrc

(Guest)
value of service along with compensation claimed if comes out more than 1 crores, you should approach national consumer disputes redressal commission

Kumar Doab (FIN)     04 September 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Had you consulted beforehand and obtained written legal opinion, your counsel would have saved your interest and money.

Kumar Doab (FIN)     04 September 2018

Your counsel can opine on recourses thru consumer, class suit, civil, criminal… courts , RERA..

Preferably approach ASAP, alongwith with elders of your family, competent and experienced well wishers, seasoned community leaders and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Consumer/Criminal/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record .., so as to defend your long term interest.

There are such very able counsels at each location.

Check for such counsels at LOCAL Consumer/CIVIL courts..HC,SC

 

 

 

BAALASUBRAMANNYAMM (Advocate)     06 September 2018

You could get an EC(Encumbrance Certificate) through online Karnataka Registrations Portal or get the same from the concerned Registering Authority, to confirm the information given by bank, before approaching further.

Latha   17 October 2018

Hi Sir, 

 

Yes we took the EC through karnataka online website and also took the zerox copy of sale deed from the bank where currently loan running for the flat.  Flat was sold on 2017 September and same flat they shown to us on Decembet 2017.

 

Thanks & regards,

Latha.

Latha   17 October 2018

Hi Sir, 

Thank you for inputs. 

Builder has choosen one fake customer to get the loan from bank. After getting the loan, builder and fake customer has taken each 25 lacks.  After 5 months of registration, he did sale agrement for the same flat to us. When we had gone for loan, bank reject the loan saying flat is already under loan. When we asked builder he told that by mistake we mentioned wrong flat number, will do rectifiaction deed to correct the mistake. Even after few months nothing happened.  

So we gave a complaint in police station around 1 month back. But looks like is not helping us. We are new to this place and we dont know anybody here. But builder was in Bangalore for many years and he is using his contacts.  So police are not taking any action on him.

Sale agrement done on my name. Can I take women cell help on this. 

Kindly help me sir on the next step to proceed on this. Please guide me anybody, who will not influence by local people and can help me to get my hard earned money back.

Thanks & Regards,

Latha.


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