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Suchitra. S (Advocate)     18 July 2009

clarify please..


when  a consumer has filed a case in consumer forum for cancellation of contract where in a flat is booked wid the opponant builder who has not delivered the posession of flat booked, is it necessary that sale deed is not registered for cancellation of contract?

And if so, how cn sale deed be cancelled if it is registered already?

Please guide me on this..client wants cancellaion of booking of flat...




 14 Replies

meenu (student)     18 July 2009


yes sale deed can be cancalled

Adv. Deepak (Advocate)     18 July 2009

Dear Suchitra,  If sale deed is not registered, you can approach consumer forum eiher to get the sale deed cancelled and recover the money advanced for possession of flat with interest.  However, it is already registered, then you can prefer a civil suit for specific performance of contract, under Specific Relief Act.

ADV.PRASAD (property, family)     21 July 2009

I m totally agree with u mr.deepak

Banshraj R. Singh (Practing Lawyer)     22 July 2009

As far as cancellation of the registered Deed is concern you can file a Civil Suit in the Civil Court seeking the decalration from the Court for cancellation of the documents.

And if you want to recover the amount paid in advance to the builder then you have to approch both the Court either to Consumer Court or Civil Court.

And if it is not registerd then there are two remedies available for you

(1) either you file suit for specific performance of the contract in the Civil Court

(2) you can file recovery proceeding in the Civil as well as in Consumer court

1 Like

PRAKASHCHANDRA MARU (lawyer)     07 August 2009

i agree with the above learned experts


sachin (advocate)     08 August 2009

 File Civil Suit for Specific performance of contract, i think u r not required to approcach Consumer Protection Forum.

R.R. KRISHNAA (Legal Manager)     08 August 2009

Mr. Sachin is perfectly right.  Miss. Suchitra consumer forums will not grant the relief of cancellation of sale deeds.  You have to approach only civil court for a relief of cancellation of sale deed.  Even a registered sale deed or any deed can be cancelled but can be done only through civil court.

Abhishek (Advocate)     11 August 2009

In my opinion, you have to issue a notice to the builder for cancellation of sale deed. You must have preferred a case before the Consumer Forum under the guise of Unfair trade practice and Deficeiny in Service as even though the Sale Deed is Registered, the builder has not given the possession of the Property.

For any further clarification call on 98491 12704

shiv shanker bala narayanan (advocate)     11 August 2009

all got it wrong firstly is the sale registered then it can be got cancelled only on grounds mentioned in the contract act  as to void contracts /voidable  contracts then for setting aside the sale if already made the remedy is before civil court and the consumer forum can be approached for defeciency in service and non performance of contarct with claim for damages then firtsly make clear why the sale is being sought to be set aside and the amount is being claimed everything depends on that


Bhumik Dave (Law officer)     23 August 2009

I agreed with above ld. Adv.

gfhgfh (hfh)     06 September 2009

approach civil coyrt for specific performance of contract.... its d best remedy

Sachin Bhatia (Advocate)     15 September 2009

File a case of Specific performance of contract.

N.Ramakrishnan (Advocate/ Senior Partner)     17 September 2009

Dear Ms. Suchitra,

 I will also add my views to the confusion. Your query is very ambiguous and hence you are getting such conflicting opinions.

Scenario-1:  If sale deed has already been executed by the builder in favour of the purchaser and now the purchaser wants to get out of the deal and seek refund of the monies paid under the agreement:

Answer:  Kindly go through the covenants in the agreement and ascertain the legal remedies available in the event of breach by builder to perform.

(a) If no arbitration clause is there, file a suit before the civil court seeking refund of the monies paid + interest + damages + costs on the ground of breach of contract and also for a consequential relief of nullifying the sale deed executed in favour of the purchaser.  

(b) If there is an arbitration clause, refer the dispute to arbitration and file a claim petition stating all your claims and the Purchaser's willingness to reconvey the property back to the builder. The arbitrator while allowing the claims can direct reconveyance of the property back to the builder.

Scenario - 2:  The Purchaser wants delivery of the flat as the sale deed has been executed in his favour.

Answer:  In this case the purchaser can sue to legally enforce the agreement before a civil court or before an arbitrator as the case may be.

Scenario - 3:  The sale deed has not been executed and the purchaser wants to exit the deal:

Answer: Pls resort to the remedy suggested in Scenario 1 except seeking nullification of the sale deed.

Scenario - 4:  The sale deed has not been executed and the purchaser wants to continue with the deal and complete the transaction:

Answer:  Pls resort to the remedy suggested in Scenario 2.

I hope this has clarified your qury,


Ramakrishnan, ADV

1 Like

Suchitra. S (Advocate)     20 September 2009

Thanx Ramakrishnan Sir. You have given all the possibilites both where a sale deed is excutedor not, too. But the position in my case of scenrio 1. 

Thanks for the explanation.

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