Purchase of flat
vipul
(Querist) 05 May 2012
This query is : Resolved
I have purchase a flat in Rishikesh for Rs 36 lacs & paid Rs 15 lacs cash with receipt on agreement of flat purchase . While applying for loan for paying balance I came to know that map of flat is not approved by builder . Now I requested builder to refund my Rs 15 lacs paid to him. He is not paying back and delaying it on the pretext that he is not having money & return only after again selling it . I do not want to wait till them . Please advise how to solve this issue fast
ajay sethi
(Expert) 05 May 2012
the biggest mistake you made was payment by cash of rs 15 lakhs .
obviously you dont have any receipt for the same .
the builder would deny having received the money .
why didnt you consult a lawyer before purchasing flat of rs 36 lakhs got the agreement vetted by him and have the title deeds of property checked . ?
generally if purchaser backs out the builder will pay only after he is able to resell the flat .
if you have receipt of rs 15 lakhs move consumer forum for deficency in service . and compensation .
Deepak Nair
(Expert) 05 May 2012
You have stated that there is an agreement. If the receipt of money is acknowledged by the builder in the agreement then you can initiate criminal action for cheating or civil action for recovery of money.
Shonee Kapoor
(Expert) 06 May 2012
I endorse the views of Ld. Nair
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 06 May 2012
See for a lawyer's personal service to sue builder in consumer forum after notice.Filing any suit of recovery would be expensive and time taking affair.
