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Nitin Kotian (Advocate)     07 March 2012

Sale agreement not signed between developer and purchaser

 

Sir/Madam.

Pls resolve my query

My client had booked a flat in Panvel. The constructors told to pay 30% of the amount wherein she paid 2 Lakhs amount by cheque and 1 Lakh by cash, wherein she got the receipts issued by the constructor. Now the situation is its been 1 & ½ year the construction has not started. When enquired  now he says that there is a change of construction plan due to which the delay has happened. However till date he is refusing to sign any sort of agreement.

My client smell fishy about the same. She wishes to sue him in the consumer forum on the proof that he has issued the receipts which even other people have.

Pls let me know what are the chances of success and if possible pls provide with any case laws on the topic.

Regards,

 

Nitin P Kotian



Learning

 1 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     08 March 2012

Dear Nitin 

Your Remedy lies in consumer court suit but first send constructor a legal notice pertaining to that effect and ask him to pay back monies with or without interest 

there is a website called as accomodationtimes.com where u will able to locate relevant case -law

 

regards

Abhijeet

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