Vijay Kapoor (retired) 17 January 2010

Builder not executing Sale Deed

It is now the 3rd year since I purchased a flat from Chowgule Real Estate Developers P. Ltd., Panjim, Goa.

1. The builder has been evading the execution of Sale Deed on this or that pretext. Is that a criminal offence u/s 420?

2. The builder is obliged to execute a Sale Deed as per one of the clauses of agreement. They also took full Stamp Duty charges in advance. Is this Criminal Breach of Trust u/s 306?

3. The builder also took extra money for some improvements, which it neither did nor refunded the money. Is it cheating u/s 420?

4. Are there any other section like criminal misrepresentation, fraud, etc. that may be involved?

Than you.

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3 Replies

shamina sayed (Advocate) 17 January 2010

dear,

it is a case of fraud,406 and 420 I.P.C ,apart from this you can go for specific performance suit in civil court.

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Devajyoti Barman (Advocate) 18 January 2010

Though the acts said to be perpetrated by the Developer are indeed criminal but given the situation you can get a speedy relief for the works due to be done and the sale deed left to be executed under the Consumer Protection Act if you file a complaint before the local Consumer Forum. The relief should be granted within six months.

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nishad (Asst.Manager Legal) 05 February 2010

file a civil suit for specific performance of the contract invoking the clauses in the Agreement of sale...a complaint can also be filed in consumer court as well..

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