Civil money suit

The admission of developer is sufficient for the court to pass a decree under the provisions of Order XII Rule 6 CPC, which you / your lawyer shall have to submit to the Court concerned.

Consult and engage another local prudent lawyer for analyses of facts / documents, professional advise and necessary proceeding, if you have lost faith in your lawyer already engaged by you.

existing lawyer is claiming that court will revoke any further agreement for sale since current agreement has not been cancelled (since refund has not been issued) and therefore even if new buyer takes posession that sale will be invalidated by court and court will remove that buyer and auction the flat in order to recover the money.

few layers are differing in their opinions because some are saying that once an agreement has been cancelled developer has the right to sale it to any other buyer..

in this disputed situation, can court pass orders for auction if auction petition is filed for execution of money recovery ??

Your suit is for recovery of money and not flat.

You should have filed an application for attachment before judgment to attach the said property or any other property lying on the name of defendant for the purpose of security.

Once you get an exparte decree, you file an execution petition for recovery or attachment of any property lying on his name.

I have already tried all such alternatives but local lawyer said that court will not accept any more petitions once one money suit is filed

also, I did a background check on the developers and found that they are using temporary rented or fake addresses in the agreement..

so, how can I attach property when it is not in their name ?

the only other alternative is to attach the same flat which I have bought ..

but if that flat has been sold to another buyer, would it still be possible to attach that ??

local lawyer is claiming that it would still be possible to attach that same flat even if it is sold to another buyer because that sale would be illegal and invalid...

question is is he correct ?

Under Section 52 of the Transfer of Property Act, any transfer made during the pendency of a suit (even a money suit related to that specific flat) is not binding on the decree holder, if:

The flat is the subject matter of the agreement. The suit relates directly to the flat or the amount paid for it.

Buyer knew (or was deemed to know) about the litigation.

Such sale is hit by “lis pendens” and the court can still allow attachment and auction of that flat.

The second buyer would be subject to the outcome of the case.

I concur the opinion expressed by Advocate T.Kalaiselvan file application u/order 38 rule 5 of CPC for attachment of his property and  get attachment order from court.

but, how will I attach his property when it is not in his name ?

these real estate developers are the "real" frauds in the country's economy.. they themselves get cheated in some business and take revenge by cheating others hard earned money using these refund tricks in the agreement..

btw, i have tried all options as advised here- including bank accounts-- nothing worked..

the only option remaining now is attachment of the same flat which is the subject matter of the agreement.

Can you please help me understand why the developer cancelled the sale agreement? What could be the possible reason for the cancellation?
Also, did you request an agreement or written confirmation from the developer and site owner regarding any remedy or resolution for the cancellation?

developer has not cancelled .. plaintiff has cancelled based on the cancellation clause mentioned in the agreement written by developer.

plaintiff has cancelled based on monetary reasons but that cancellation clause is mentioned within the sale agreement and plaintiff executed it  exactly as written.

all requests and explanations have been provided in writing with proper speed post acknowledgements..

developers lawyer has provided only one reply admitting the acceptance of money and writing a fake claim that money will be refunded.

here, the system is same.. these fraud will always write fake refund promises in agreements in order to sale flats but will never actually return it... these are basic frauding tricks followed.. now they will never appear in court also..., not take any phone calls or reply bak.

another trick they use is they use fake or rented addresses in the agreements and never disclose their own actual address

the only way is to attach the same flat bought or else find out any property which is actually in their name...

 

1.   File for Ex- parte decree, if the defendant is not appearing, request the court to proceed ex parte and decree refund.

2.  Request attachment of said flat before judgement, if you fear the developer may resell the flat, ask court to attach the flat immediately.

3.   Where is the location of flat and how much amount of refund is involved.

 

1. In progress but civil hearing dates are not that fast and you know better than me about dates.

2.local lawyer has said that attachment can be requested only after refund order is passed.. still I will try to move that petition in the next month hearing only.

3. 5.25 lac

4. here, local lawyers are also bothered about their fees and not about loss of plaintiff.. they first send letters to win the case and then just demand their consulting fees and drag the cases in court.. who knows..maybe they are internally connected to defendant lawyer and they will use my money to fight and win the case but when they can't recover the money they will take bribe from defendant party also at the backend...this is the condition of Bengal unfortunately... RERA, court all are bribed in backend... everything looks right in paper but fine lines are implemented in such a manner that the seller enjoys the privilege and exploit buyers wealth to sponsor their projects.. even if they pay, their cheque bounces and criminal cases are lodged under NI act and that case runs for 10 years, developer gets arrested but again bribes the police and gets out on bail.. so , the whole system is inter connected with cash bribes and exploitation of common peoples hard earned wealth..

 

5. now, on paper everything will look good and the plaintiff will be kept happy by selling "hopes" in order to eek out further cash from pocket of plaintiff and then they will buy time drag things in court and finally brainwash the plaintiff , win the case and ask him to go home with big zero... this is law in practice in Bengal even this date...

 

this is the reason I came to this forum first and not approach local lawyer because local lawyer will send letters to win case and drag the plaintiff into this filthy system and then make him go round and round till the time that the plaintiff himself looses interest and gives u himself in a span of 5-7 years..

this is the real practical truth u like it or not..