shashikumar 12 June 2015

Sale agreement expired

Hi I have purchased a house from a builder in a gated community. For that I have paid 3 Lakhs in advance and he said he will do the registration within 1 month. But it has completed 3 months but till now he is not doing the registration.

My questions are

1) In sale agreement it was mentioned as the expiry of that is 45days from the sale date. But now it is completed 3 months. So, does it works.

2) Now I want to cancel the purchase and I asked him to give me my money back. But he is not giving. So, can I put a case on him with the sale agreement which I had?

Please suggest me how I could get my 3 Lakhs. Please help me.

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6 Replies

BHUWAN RAJ 09839268489 (lawyer) 13 June 2015

First send him a legal notice thru lawyer. Regards Bhuwan Raj,adv. Www.brlawassociates.com

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 June 2015

Sir, Issue him a letter mentioning that u are willing and ready to perform he contract and make sure u say that u were always ready and willing to perform it as always .... Warm Regards Kapil Chandna Adv 9899011450

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 13 June 2015

Since the agreement mentions 1 month as the time period for registration, you can invoke action against the builder by sending him a legal notice. The period of limitation for taking action due to non observance of any terms of the agreement is 3 years. Using the consumer protection act, you may issue a notice to the builder and demand for the refund of monies based on deficiency of services. Once done that, if there is no response from the builder, you may file a consumer court case and demand for refund of monies with interest and additional costs.

Dr J C Vashista (Advocate) 13 June 2015

Send a legal notice through a local lawyer, terminate the contract/agreement and ask him to refund the money paid with interest and mesne profits.

Advocate Ravinder (Advocate/Attorney) 13 June 2015

You have not mentioned what is the total sale consideration. Setting 45 days as expiry date is very arbitrary. Your agreement still works.

First you decide whether you want to purchase the house or you want your money back.

As advised by the above experts you can file Consumer case for recovery of amount of Rs. 3,00,000/- along with interests, damages and filing expenses. Before that give him legal notice, so that he may come to your demand.