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Jayanti Devi (Student)     16 November 2024

Flat buying sale agreement

Buyer has paid advance money for flat purchase. Seller initially didnt handover agreement but on 30% advance has handed over agreement physically to buyer with rubber stamp and signatures and verbally told buyer to sign and put dates.

buyer at first approached for registration of agreement to seller but since seller didnt respond actively, buyer has notarized the agreement. and put dates.

Now, within agreement there is a cancellation clause which buyer verbally intimated for invocation.

On hearing about cancellation , seller has taken back foot and trying to deny everything and avoiding communication.

Question is

a) if buyer is not awarded cancellation and refund and buyer now goes to court with notarized agreement for cancellation after giving seller writen notice, will court accept that agreement?

b) can seller deny any agreement in court and say that since buyer has not paid full money his flat has not been delivered and hence his advance has been forfeited?

 



Learning

 5 Replies

sanjeev murthy desai (Advocate)     16 November 2024

For what reason you are cancelling the agreement? is there is any forfiet clause in the Agreement? if there is no such clauses then you are entitled for refund. 

have you sent any cancellation notice to the Vendor? if not please send the same asap then approach the court for recovery of the amount. 

T. Kalaiselvan, Advocate (Advocate)     16 November 2024

You first have to intimate your decision to cancel the agreement for the reasons you rely upon and the written communication is to be sent by registered post with acknowledgement card and demand refund of advance amount.

If the seller fails to respond or doesn't comply with the demands made, you can file a suit for recovery of money against the seller.

Jayanti Devi (Student)     17 November 2024

Decision have been intimated by speed post and refund amount claimed but no response from seller. Will court  accept speed post received evidence or regd post with a/d is mandatory?

need to move to court no other option if they dont respond..

P. Venu (Advocate)     17 November 2024

Is this a real-time query or a moot court riddle?

Jayanti Devi (Student)     18 November 2024

.why r u suspecting ? u need evidence ? u r questioning as if no letter is required to be sent at all

also, plz tell me which court has jurisdiction for refund order - consumer forum or civil or high court ?

this is serious matter. plz do not misguide in this forum


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