Resale flat purchased full payment done but owner denying to give possession
kranti
(Querist) 03 April 2014
This query is : Resolved
Dear Sir/ Madam
Myself Kranti here.
I have purchased a re-sale flat in Sanapda, Navi Mumbai. The part payment was done and the Registration of the same was done on 26 Feb 2014 At Turbhe in front of Registrar.
Further we got home loan for the purchase of the flat and gave the remaining amount to the owner on 11 March 2014 and have taken receipt of the same.
Now when we asked about the possession he is saying that you have to give me Rs. 90000/- more otherwise i wont leave this home and if also i leave this home i wont co-operate with you guys for Cidco trasnfer and Final sale Deed.
This Rs. 90000/- was no where mentioned in the agreeement.
Also, he has paid Society transfer charges of Rs. 25000/- and on top of that Society is also asking Rs. 25000/- from us. Plus the society has started the paiting of the building and charges for which are Rs. 34000/-. The owner is saying this should be paid by you.
We have not yet taken any legal action on him but we have warned him for this. But he his stuck to his point. Sir please let us know what all legal actions can we take. We are really frustated. The home loan deduction will start wef this month i.e. April 2014
Regards
Kranti
kranti
(Querist) 03 April 2014
We have given him time till sunday. Please reply its urgent... Your valuable reply is highly obliged.
kranti
(Querist) 03 April 2014
ThanksBy mistake i Resolved it i m selecting open again
Devajyoti Barman
(Expert) 03 April 2014
This is a unfair trade practice. File a case in consumer forum where you would get the relief of registration and also compensation.
Rajendra K Goyal
(Expert) 03 April 2014
Legal relief takes time, may take 4-5 years, till that time you are not likely to get possession and till that time you have to suffer.
Try to have amicable solution.
If not possible, accept the demand, pay by cheque, get receipt and claim later through court from the seller and the society on the basis of agreement.
kranti
(Querist) 04 April 2014
Dear Sirs,
Thanks for teh reply.
We done want to accept his demand.. he has cheated on us completely.
Are there any other steps we can take?
kranti
(Querist) 04 April 2014
Dear Sirs,
Thanks for teh reply.
We done want to accept his demand.. he has cheated on us completely. People like him should be punished.
Are there any other steps we can take?
ajay sethi
(Expert) 04 April 2014
how can you make full payment without taking full possession of flat?
issue him legal notice to vacate possession and to execute final sale deed . you can file suit for specific performance of contract . or move consumer forum
kranti
(Querist) 07 April 2014
Dear All,
The seller has given the possession yesterday. But he is saying that without that amount of Rs. 90000/- he wont sign the sale deed and wont do the cidco transfer.
So now what we can do? Legal notice or consumer forum?
Thanks
ajay sethi
(Expert) 07 April 2014
ask him to give it in writing . issue legal notice and file suit for specific performance of contract
Devajyoti Barman
(Expert) 07 April 2014
Is it balance consideration money?
If yes then you have to pay it else you can file case in consumer forum to get it reigstered and for compensation.
kranti
(Querist) 10 April 2014
No it is not a balance consideration money the deal of 57,11,000/- was decided and full payment is done. He had purchased a flat and he claims that the person from whom he have purchased had taken 1.80 lakhs from him for delaying the payment as interest. So he is asking from us for Rs. 90000/- since 26/02/2014 and we are denying the same. No he has given the possession but not signing on Cidoc trasnfer documents and Final sale deed.
Devajyoti Barman
(Expert) 10 April 2014
If it is not mentioned in sale agreement then he can not do so.'
consumer CASE DOES NOT LIE HERE SINCE IT IS RESOLD FLAT.
You have to file a case in civil court for registration under specific relief act.
