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ANAMIKA MATHUR (psychologist)     29 June 2013

Buying the plot

Respected sir,

we bought the plot from the seller who has registration  of U.P.  in installment scheme. After paying all the installment we asked the seller to register our plot till the date of  agreement for registration. there was only due money left which we have to give at the time of registration i.e. 30000. but seller told that we should give half of that money i.e. 15000 to him before registration. we follow the same thing. After that we asked him many time to register the plot in court till the agreement date  but he expired that date and convinced us that he has to register 4-5 more registry with us hence he will call us at court after 1 week . he took 4 months by pretending and never fullfill his promise . Then he turned from his words and now telling us that we have crossed the agreement date for registration hence he will not register our plot and will return all our money without giving any interest of 15 months installment and advance booking amount. Accourding to the agreement he should pay 2 percent penalty with all our money. Now what should we do. we wish to take plot or present rate of plot money from him. what should i mention in my notice and how much time court process will take to return our money from him. i really need ur advice.

thanking u.



 9 Replies

Adv k . mahesh (advocate)     29 June 2013

being a civil suit it takes more then one year and already you have paid him the money you have taken the receipts as proof so if you have contact with the other members who had bought the plot fist enquire with them about genuinity of the builder and talk to the builder accordingly to register the plot in your name if he disobeys then ask him to pay the full amount first and after you receive the amoutn then you demand him to pay the interest  if he does not pay then calculate the amount and then consult the lawyer how much variation is there then plan accordingly 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 June 2013

You issue legal notice to the builder asking him to exeucte the regd., sale deed, otherwise you will have to file a suit for specific performance of contract.

1 Like

Hemang (Advocate)     29 June 2013

File a civil Suit for Specific Performance of Contract and also file a criminal complaint for breach of trust. You can as well file consumer complaint.

ANAMIKA MATHUR (psychologist)     01 July 2013

Respected sir,

first of all loooooooooooooots of thanx to u for ur kind reply. as far as my case is concerned ---we belongs to the middle class family . me and my brother took this plot . we told him to give our money without interest but he is offering our amount in cheque and asking to return his recipts . but we are afraid that if his cheque will not clear than what we would do. we will not be able to show recipts. second thing if w'e go for court then we dont have proof of his verbal communication he will say that he was ready to give our amount. and how we will proof that he crossed the registration date of agrrement. one thing more he wished to register our plot with his advocate and we informed him at the time of agreement that we will make the agreement and registry with our advocate. I think it is the only reason which he stated to us also that he got angry with us . SIR IT THERE ANY METHOD THRU WHICH WE CAN TAKE OUR MONEY BACK AT PRSENT RATE OF OUR PLOT. PLEASE INFORM ME ABOUT IT AS WE ARE NOT ABLE TO PAY LAWERS FEES. CAN WE SEND LEGAL NOTICE IF YES THEN WHAT SHOULD WE WRITE IN IT AND WHAT WILL BE THE EFFECT OF IT.



ANAMIKA MATHUR (psychologist)     01 July 2013

Respected sir, thanx alot for ur prompt reply,

sir how we can say this as he is blaming us for expiring the registration time period as per agreement . our date of registraion was 25th dec. 2012. he intentionally crossed that date and making excues till aptil . after it he told that owner of that plot is admit in hospital due to T.B. and he would not be able to bring him in court hence he will return our money without interest to us. for this he asked for 2 months period. we still show our patience but now he is saying that he will give the cheque and at the same time we have to give him all reciept now we are afraid that if giving him all recipt we found that his cheque is not getting clear then what we will do.  now what should we do we are not able to pay lawyers fees hence is there any other method to take our money back with present rate of plot. if we go for notice what should we write on it and what will be its effect. if he still doesnot give our money then what step we should take after sending the notice. MOST IMPORTANTLY HOW WILL WE PROOF IN COURT THAT HE CROSSED THE TIME OF AGREEMENT.


ANAMIKA MATHUR (psychologist)     01 July 2013



SECOND WHAT SHOULD BE WRITE IN LEGAL NOTICE AND WHAT WILL BE ITS EFFECT ON HIM. if he still does not return money with present rate of plot what next should we do.

MOST IMPORTANTLY WE BELONGS TO MIDDLE LOWER CLASS FAMILY WE WOULD NOT BE ABLE TO PAY FEES OF LAWYERS. IN that case how we should approach consumer court can u give any website of it to know address of this court


Adv k . mahesh (advocate)     01 July 2013

when the builder is ready to register with his lawyer no problem take your lawyer alongwith you and your lawyer will check the document and then make registration through his lawyer 

and if the builder gives you the cheque first deposit the cheque into the bank after clerance then only surrender the reciepts keeping xerox with you and take a signatures on them that you have surrendered the receipts as an evidence but SURRENDER AFTER CLERANCE OF THE CHEQUE AND THE AMOUNT RECEIVED BY YOU after that fight for interest if received better and no problem 

1 Like

ANAMIKA MATHUR (psychologist)     01 July 2013

Respected sir,

these are the problems we are facing;;-

firstly he doesnot want our lawyers to check the documents if we register with his lawyer

secondly he is not giving this option to give him all receipts after the clearnance of cheque. he asked us to take cheque and give him receipt at the same time. what should we do now-----

Adv k . mahesh (advocate)     01 July 2013

do not surrender the receipts because this is the only evidence you are having tell them to register the flat show that document any document writer at the sub registrar office he will anazlye it. and there will be no problem after registration if you want sell after wards you can sell the house but without clearing the cheque do not handover the receipts to him or tell him to give a demand draft 

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