Bharat Raj (Self Employed) 10 April 2016

Dispute in land buying after payment is made

I have entered into an agreement with a Venture MD, agreement amount is 1.5 lacs. After that i made deposits for the remaing payment and he has issued payment receipts for the same i.e. remaining 2.5 lacs. A week before registration i came to know that the layout is an aunapproved one as he is just postponing whenever we asked for the documents. We told him that we are not intereseted as it an unapproved layout.

As we have already paid the entire amount, we have requested him to return the amount by submitting a cancellation letter. He acknowledged the letter through email saying the amount would be returned in 6 months (which is quite a long period).

Is there any way we can get the amount as early as possible as we are in much need of money and he is being MD saying that he does not have money and stubbornly refusing to give the amount even in installments.

Can i go to the court with the agreement and deposit receipts to get back the amount? and the acknowledgement which he has given for our cancellation letter.

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8 Replies

(Guest)

W r u frm sr...if u r fm Hyderabad /Andhrapradsh we can help u....Advocate Balachander Reddy. Mail: juristybcreddy@gmail.com

(Guest)

Reddy Sir,

Myself from maharashtra , wanted information which land revenue code is applicable for andra pradesh and Telangana.

Neeta Umesh Kamat 12 April 2016

Mr. Vijay, is the agreement registered? Kindly check in Agreement if there is any clause stating you are satisfied with the title/documents of the flat/plot whatsoever. If yes, then the document will be in his favour, as you have signed the same. If, there is no such clause stating that you are staisfied with the title/documents of the plot/flat than definitely if you move to the court the decision will be in your favour, but nobody can say how much time it will consume. Initially send the builder a legal notice to refund your money within 15 days with interest and state that you will move to the court if not refunded with the time prescibed. Also, state in the said notice that you are asking for the said refund as the layout is unapproved and the document stands defective. This will be a good base if you are moving to the court.

Bharat Raj (Self Employed) 15 April 2016

The agreement is not registered. We thought of going for sale deed execution registration.

The only clause mentioned in the agreement is total amount payable is in 90 days. We have paid him the company MD 80 percent of the amount. We have original agreement and amount paid receits with us.

Bharat Raj (Self Employed) 15 April 2016

And i am from Telangana Sir,

Neeta Umesh Kamat 18 April 2016

Surprising!!! Agreement is not registered and you have paid him 80%.....According to me move to the court with all court receipts and also your agreement.... Hope this agreement atleast is signed by the builder.....Take the stand that there are no approved plans to the building..... Also Check if there is Construction Licence

Bharat Raj (Self Employed) 24 April 2016

The Agreement was signed by the builder and myself as well as two other persons as witness.

And i have money paid receipts with me. On the agreement the stamp of the company is also available.

We have cancelled the plot as it is an unapproved layout and it falls under 111 GO.

We came to know all these things when builder after taking the money switched off his mobile for few days when we asked for registration.

Neeta Umesh Kamat 25 April 2016

ohh... than move to the court immediately for refund of your money with interest as penalty from the builder.... also give his proper correspondence address for summons to be served by the court..... or else there will be wastage of time....