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Sachin   26 November 2018

New purchase of property

Hi, i purchased a 3 bhk flat in hyderabad on 31st July 2018. I paid advance of 10 % amounting to 20lacs. However i still have no agreement to sale from the builder. I have only receipt of payment. When asked they say that new RERa number is pending. What should be done in this case. Also will i be able to ask my money back without legal hassels as entitlement. Pls advise


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 5 Replies

G.L.N. Prasad (Retired employee.)     26 November 2018

There is no issue on litigation for the present.  If you want refund you can demand the builder to refund the money. If he refuses issue legal notice deemanding for refunding of the amount within 15 days as you are not interested in entering into agreement with a builder without RERA license.  Wait for one month and file complaint before RERA and also before District Consumer Forum free of cost.  You need not pay any expenses for filing complaints.

If you believe the buyer you may wait and entire thing is your discretion and decision.

Shanmugam .C   26 November 2018

you an issue notice by Registeed post with acknowledgement due  by requesting to execcute sale agreemewnt  wtth in 30 days otherwese refund the amount wth intrest from the date of payment made to them.to avoid legal proeddings.

C. Shanmugam

26-11-2018

Retired Employee

Kumar Doab (FIN)     30 November 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Obtain proper legal opinion in writing.

Kumar Doab (FIN)     30 November 2018

The property in question is high price property ( app. 2 Cr INR) as you have paid 10% amounting to 20Lac INR. Your counsel could have advised you properly and even checked RERA approval drafted the agreements/deed so as to protect your long term interest.

How many others are affected like you?

Saying, asking, telling, told etc are all verbal modes of communication and difficult to prove.

Your counsel can help to build favorable written record and evidences to mind your interest.

Kumar Doab (FIN)     30 November 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and/or   find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil   matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Consumer/Civil   Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/Civil   matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Taking legal opinion from a very able LOCAL counsel is not litigation.

If you are confident that you are properly informed on Consumer for a/ Court procedures and can handle the matter on your own, go ahead.


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