Hi,
I purchased a property(in Hyderabad) in April 2012 for which I paid some money earlier (in 2007) and issued 4 checks for the remiaing money to the builder to be cleared in the next 3 months. Later in June 2012, I realized that the builder violated rules by constructing illegal unit in the parking lot, did not provide parking to my unit. The sale deed does not mention anything about the parking lot (The bulder drafted the sale deed and I just want to get the property registered as it was already more than 5 years since he took my money). It was a verbal agreement that he will assign a parking lot for my unit soon. We had a seperate agreement on a 100 Rs stamp paper regarding the checks in April 2012 with check numbers and dates clearly mentioned. Two of the checks were encashed by the builder. But, I called my bank and asked to stop payment on the remaining two checks as he was not doing anything regarding the parking lot. I asked him to clear issues rearding parking and other minor things like providing link documents, provide generator as he promised earlier. I said I will pay him the money with out fail if he does these things. Here the issue is all these are verbal. But as per real estate laws and rules, he is not supposed to construct a dwelling unit in the parking floor, which he did and sold to another party. Now he is demanding the payment from me by sending the legal notice. I am currently not at my permanent address in India and living abroad. The postman did not give the notice to my parents who live at the permanent address I mentioned in the sale deed. I am not sure what is there in the legal notices.
I tried to resolve this amicably by calling him but he is not responding and says he has nothing to say and will not clear issues rearding parking. Here are my questions.
1. As I issued a stop payment instructions to my bank, will this become a criminal offense? Remember I have a reason for doing so. I have no intension of fraud here. 2. As I am not residing in the permanent address anymore, and the postman refused to give my parents the notice,( I think once from the lawyer and another time from megistrate) what can I do legally?
3. If this is a criminal offense, what are the consequences, can the police come and arrest me when I am in India? What can I do to avoid that now?
4. Can I send the builder any legal notices explaning the reasons for stop payment and asking to clear the issues?
5. I know it can take years if this goes to the court. Does my foreign travel and job get affcted due to this?
6. Finally, can I give a poower of attorney to someone(like my father) in India from a foreign country and ask them to send notices, appear for the proceedings on my behalf.?
7. There are other people in the same apartment complex who has the same issues as me(not regarding the checks but parking, generator and other issues) and they are all very dissatisfied and angry with the builder. -This point is just to establish the character of the builder.
