The seller of flat has taken 60% money and is refusing to complete registration formalities
Sandip
(Querist) 11 December 2014
This query is : Resolved
In the month of Jan 2013,we had finalized a Flat.The building in which the flat is located doesnt have an OC.Still upon confirmation from Bank Officials we proceeded with the agreement.The owner from the beginning was reluctant to show the original papers of the flat.
He insisted that we pay him in full and only then we would show us the papers.
He has already taken more than 60% of the flat value but till date has not agreed to do the Registration of the flat.We have persuaded him in all possible ways but he simply refuses to accompany us to the Register office.We had to cancel the slot for Registration twice
We had initially tried for Home loan from LIC which had lapsed twice.Then we had to move with ICICI bank.For both the funding orgs,they need the original docs of the owner which he is not ready to share
He abuses us on call and my old parents have been severely humiliated by him
Please suggest what action we as commoners can take to complete the registration without any further delay or in case this doesn't happen what legal action we can take to get our money back and also claim losses for this delay.
Anirudh
(Expert) 11 December 2014
It is not clear whether you entered into any Agreement to Sell in writing with him or not. Please confirm.
Please also indicate in which locality/city/town the property is situate.
Sandip
(Querist) 12 December 2014
Hello Anirudh.
Thanks for replying.
We have not yet entered into agreement to sell. However we have a MOU which has been franked and also receipts of every payment made along with society NOC. Flat is in kandivli Mumbai.
Anirudh
(Expert) 12 December 2014
Then in that case, you have to file a suit for specific performance to compel him to complete the registration of the Sale Deed in your favour as you are ready with the balance consideration and willing to pay the same.
I suggest you please get in touch with Mr.Ajay Sethi, an expert in this LCI and who practises as an Advocate in Mumbai. You can get his profile from this LCI website itself.
ajay sethi
(Expert) 12 December 2014
thanks for the refernce MR Anirudh .
Sandip
(Querist) 12 December 2014
Thanks Ajayji for responding. Could you please share your contact number?
ajay sethi
(Expert) 12 December 2014
you can have my contact details in my profile in LCI .
Devajyoti Barman
(Expert) 13 December 2014
If the seller is a builder then you can file such case in consumer forum also.
Execution of a formal sale agreement is not a criteria to file civil suit or case in consumer forum. Only proof of part payment is more than enough.
malipeddi jaggarao
(Expert) 13 December 2014
Expert Mr.Ajay Sethi is right person to help you in Mumbai.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
Rightly advised that the author has an option to file a suit for specific performance of contract, before that the author may serve a legal notice to the owner demanding him to performs his part of the contract while the author is ready to perform his part of the contract. The author may take the assistance of our expert Mr.Ajay Sethi as unanimously suggested by the brethren here.
