Group Housing Society

Querist : Anonymous (Querist) 15 October 2010 This query is : Resolved
Hi,

I was offered a flat in a group housing society which was registered. The flats were yet to be built. I made payment through cheque and the person gave me receit indicating the amount is for purchase of land and advance for the flat.

This happened in 2007. He also showed us the plot where he had to make flats.

Problem is I did not do any formal agreement. I have two things (receit + a signed paper indicating the offering).

Now the person is not staying by his words. He is asking me to take the principal amount back.

What options do i have

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R.R. KRISHNAA (Expert) 15 October 2010
Dear anonymous

There is no need for a formal agreement to seek specific performance before court.

You can file a suit for specific performance against the builder to construct the flat or in the alternative pay damages. But first issue a legal notice.

Best regards,

Querist : Anonymous (Querist) 15 October 2010
Hi Sir,

Thanks for the response.

The problem is person is depicting that he is not builder. He is just a secratry of group housing co-operative society.

Arun Kumar Bhagat (Expert) 15 October 2010
Be practical and get the money back. Otherwise you have to file a case for Criminal breach of trust u/s 406 IPC and wait for 4 to 5 years. It is advised that you accept the payment and forget the damage.

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