shekhar jha (deputy director) 20 May 2012

Can i approach consumer court

I entered into agreement of sale for a flat in noida with Mr Yogesh Sharma.The amount mentioned in the Builder Buyer Agreement between Sharma and the builder is 39.30 L . I have paid 12.5 L to Sharma who has paid it to builder as he had no money by himself. Now the builder says they have mentioned PLC as nil in the BBA by mistake. They have given a certificate mentioning PLC as 97thousand. Now Mr Sharma says I have to pay this amount or he will pay back the money after he has sold the flat to someone else , no time limit for that. Can I file complaint in state consumer forum making sharma and builder as party?

thanx

shekhar

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3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 20 May 2012

Dear Querist,

Please read the agreement to sell carefully. Mr. Sharma is liable to be taken to court for any violation of that agreement. However, if theer is subsequent development like non-mentioning of PLC, that Mr. Sharma's subject to deal it independent of your right in the matter. You may file suit for specific performance of contract as well as a criminal complaint. Consumer complaint is an option you may also exercise.

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

shekhar jha (deputy director) 21 May 2012

Sir

Thanks for reply

The agreement is dated 30th april 12 and the mention of PLC is in document dated 26th april 12. So, can i contend that the seller was aware of this fact and has cheated me? can i lodge FIR?

shekhar