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makrand (Engineer )     28 July 2013

Feel cheated in flat purchase

hello,

we were to purchase a resale flat the deal was final on sum of ruppes 33 lacs but the seller had loan on the flat and he asked us an advance payment of 5 lacs to nil that amount so that registration is possible.So accordingly we made a contract mentioning that the sum of 5 lacs is an advanced payment for the purchase of flat and also mention that the seller will pay this to the loan company and will hence will be in a deal to sell the flat.

  but now when the loan is clear he got his property papers and is refraining from selling his flat and also demanded 2 lacs more if we want to purchase the flat.This he is doing may be somebody else want to purchase the flat for more amount.but now we feel that we are cheated as we were only used to pay the loan so that he gets his property papers and then do the deal with somebody else.

In between the property rates also increased so can we also ask for the compensation for the losses as we did not go for the purchase of another flat.

 so now please help me how i can deal with this matter can we have a cheating case against him and also the monetory losses we had due to this deal as we also took some private loan on higher amount of interest rate and is he liable to pay for the psycological trauma we are facing due to this deal and also what is this specific performance.

Thank You

expecting reply soon .



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     28 July 2013

u have not informed about agreement period, if it has expired file a suit under specific performance act, and file a case in consumer court. also for deficiency in service,filing a suit under specific performance will expensive but will be resulted oriented .

adv.raghavan (Advocate,9444674980)     28 July 2013

specific performance is suit initiated by affected party because of non performance of the other, u have to pay court fees for the agreement amount,and once u file the above said u should have money ready to fulfill the agreement u have signed in the event court orders to do so.

makrand (Engineer )     27 August 2013

Thank you for your prompt replies,I was in serious tension he demanded more 20k and we agreed  and the deal was done.He may have realized the consequences or wanted to milk as much money as he can and finally may be the day after tomorrow we are shifting to that residency thank you once again.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     17 November 2014

I agree with Expert Raghvan


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