Payal (Teacher) 06 February 2012

Builder torture

Respected Members and Lawyers,

I have seen one flat in Mumbai.

I have paid a total of 7 lacs in cash to the builder. I do not have any receipt for the same.

Flat is worth 23 lacs. I need to do the registration and pay stamp duty in a weeks time.

Also I need to pay a cheque to the builder for remaining 15 lacs on the day of registration.

My circumstances have changed and I am no more in a position to arrange for 15 lacs immediately.

I told my circumstances to the builder. He says that now the rates of the flat have gone up in comparison to what the deal he made for me. I tried convincing him that since the rates have gone up you would be in a better position to make profit out of that flat but he is not listening.

Now he is not ready to pay me my 7 lacs.

What are the options left for me ?

I have invested my hard earned money in the flat and am stressed with sleepless nights as to how can I handle this ?

Somebody please help me.

Payal

Reply Follow

4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 February 2012

Dear Payal,

Since you do not have documentary proof of the money paid to the builder. Proceed with caution, try getting onto record somehow that you have paid him. Try recording - and get him to accept the money already paid. Casually ask him what is left to be paid and if you could pay in installments. Just get him to acknolwedge anyhow. Once we have that conversation we can serve him with a legal notice asking for return of amount.

Feel free to talk

Advocate M.Bhadra 06 February 2012

Without any document of acknowledgement receipt you would not able to take legal action against the builder, ,any how try to convience the builder and entered into any agreement for sale and get money receipt.

Payal (Teacher) 07 February 2012

Dear Sir,

If I take the risk of signing the stamp duty and registration then what will happen ?

Circumstances:

1) I have to give him a post dated cheque for the remaining 15 lacs on date of registration.

2) I hand over the cheque to him and at a later date and the cheque bounces if I am not able to arrange money

3) Now I will be paying in for 7 lacs + Stamp Duty & Registration Fees

4) Will it go on record that I have paid him 7 lacs earlier on the day of registration.

What happens if I am unable to pay 15 lacs later after paying stamp duty and registration ??

Please guide me as I dont know where to go from here...........

jayakumar.R (ADVOCATE & LEGAL CONSULTANT) 07 February 2012

Dear Mr.Payal

I don"t think your buildor will accept the Post dated cheques at the time of registration,because generally buildors accept the consideration price as Demand draft , Cash, or Public Sector or other Bank and Financial institutions housing loan cheque only.Possibility of accepting your personnal cheque at the time of registration of your flat is very rare.