I purchased a Commercial Building (CB) which was being built by a Builder from Delhi, from a Real Estate Agent (REA), acting as the director-proprietor of his real estate Pvt. Ltd. Company and entered into an Agreement to Sell (ATS) with him. I paid him the Ernest Money (EM) and as per written T&C, I was to pay him the balance full & final amount at the time of handing over the completed CB by him. In the ATS there was no mention or involvement of the builder and the ATS was signed between Me (Purchaser) & The REA (Seller) acting as the director-proprietor of his Real Estate Pvt. Ltd. Company. As the CB is under construction at the time of signing of ATS and it was likely to take approximately two years to build, the Seller (REA) showed his inability to provide a date for final settlement of the bargain and he said that he will intimate it to me later, when he actually takes the possession of the CB from the builder. So it was mutually agreed that when the REA takes over the possession of the CB from the Builder he will intimate the same to the Seller immediately, and then, the final date for Balanced Full & Final (Total amount-EM) payment and Closure of the Bargain shall be decided. The same was reflected in writing in the ATS. Also at the time of agreement he was asked by the Purchaser to show the Original Documents along with the payment receipts to the builder as well as give an attested photocopy of the same, which he said he will show & provide them later, as he has still to collect them from the Builder. The purchaser in good faith agreed to that at that point of time. However the REA has failed to either show the originals or provide the attested photocopies of them to the purchaser till date in spite of repeated verbal and written requests. However after about six months the REA wanted that the purchaser should pay him the Balance Full& Final amount as per ATS, and then close the ATS at a date in between. with REA and should get transferred to the builder so that the further payments be paid directly to the builder by the purchaser as per certain construction linked plan and thereafter when the CB is ready then the purchaser shall take the direct possession of the CB from the builder. Thus he wants to collect all the money from me without actually handing over of the CB and get clear of the deal with neat profit, leaving me with the Builder. He had fixed a date (31st March 2011) as the final date, but I refused. I told him that I had entered into ATS with you and I will only pay you fully and take possession from you when the completed CB is in your possession. Also because I am going to pay the full amount to him the seller, it is my legal right to take the full completed possession of the CB in all respects along with all relevant documents from the Seller alone. The REA then started to threaten me and said he will sell the CB to somebody else and forfeit my EM if I do not accept his proposal. He has even influenced the witnesses (may be with money or they might have entered into a conspiracy to befool me) to the ATS which are well known to him and is making all sorts of stories to frighten and threaten me. I am a retired Ex-Air Force Officer and I have used my earnings as well as retirement funds to pay the EM to him. I told him that he cannot resell the CB because he had already signed ATS with me and also cannot forfeit the EM paid to him. I even wrote to the builder. Both of them had not replied to me. I have repeatedly sent letters and emails but he does not reply. He neither showed the original documents nor sends their photocopies. Presently I do not know what to do. The ATS was prepared in his office on the stamp paper purchased on his name by his staff. It was signed by both of us and two witnesses present at the time; and the ATS was not notarised. I have the original and he kept a copy of the same. One witness was probably his staff member whom I did not know and the other person was his front-man/promotion agent/salesman etc. etc. This person was earlier working with some other Realtors who expelled him and had always tried to act very friendly with me because he wants to sell properties to me thus making his side commissions and now claims to be my friend who had signed as witness on my behalf. I feel now they have cleverly entered into a conspiracy to cheat and hood wink me. I did not know whether the ATS was required to be notarised at that time, however later I was told it need not be notarised. Here my question is at this stage where do I stand? Can he forfeit my EM and also resell-is it legal? How can I prevent him from doing so and get stay from the court at this stage? Whom should I approach? Can I file a criminal complaint for cheating now or have to wait till he actually enters into another sale with somebody? I have no means of knowing if he makes an actual sale as he himself will not tell and builder is also not likely to inform me.
