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HARSHIL THAKKAR   08 September 2024

Allotment letter

I have an allotment letter of my flat from a builder since 2008 and the project was delayed and the OC is expected by Oct 24. I didn't register the flat as I never received the communication from the builder to register. I have now realised that the builder has sold my flat to another person and the registration is done between the other person and the builder. All my payments are complete as per the demand letter from the builder. What options do I have



Learning

 4 Replies

Dr. J C Vashista (Advocate )     08 September 2024

You have three options, which can be availed singularly and simultanously as well

  1. File a suit for specific performance of contract before jurisdictional civil court.
  2. Lodge a police or court complaint  for committing cheating and fraud.
  3. Move to jurisdictional consumer disputes redressal commission for deficiency of service and unfair trade practice.

HARSHIL THAKKAR   08 September 2024

Thank you sir

Just wanted to check if I can file a case in RERA too?

Dr. J C Vashista (Advocate )     08 September 2024

Yes, you can file a case before jurisdictional RERA also.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

Option No.2 of Dr. J. C. Vashista would be most appropriate. This is real cheating, selling the same property twice.    The new purchasers action is also dubious. He could have been duped or there was his connivance also.  I do not know which will give quick result. Converting a real criminal case into a civil case can help the offenders and prolong remedy.


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