I entered into an agreement for purchase of a plot in Panipat on 31-05-2013 and paid an advance of Rs. 5,00,000/-. The agreement was through three local property dealers. The seller of the plot was not the real owner of the plot but he had also given an advance to some other person for the said plot who was also not the real owner. At the time of agreement, the dealers provided me copy of registry, copy of intkal, a copy of the previous registry and copy of jamabandi, however, they could not show the originals. But they agreed in writing that all the original documents will be given at the time of registry. At the time of agreement, one more property dealer was present who given his guarantee regarding execution of the sale deed in time.
Initially, the mutually agreed date of registry was 08-08-2013, however, they could not get registered the sale deed on 08-08-2013. Since, the actual residential address of the seller was not with me, I approached the dealers to extend the date of registry in writing. At this, the dealers told that the seller is out of station, and one of the dealers noted on the last page of agreement that he is responsible for the deal and that he has received a sum of Rs. 5,00,000/- advance on 31-05-2013 and that the date of registry is extended to 20-08-2013. He also put his signature. On 20-08-2013 also, the seller / owner was not present in the office of Tehsildar for execution of the sale-deed. At this, I marked my attendance in the office of tehsildar by filing an affidavit there.
After that, the dealers went on giving assurances day-by-day that they will soon get transferred the plot in my name through registered sale deed. I also sent a written notice dated 11-09-2013 to the seller and given him a date for registry 20-09-2013 and told him if he would not be able to get the sale deed registered by this date, he will be liable to pay me the double of the advance along with interest w.e.f. 08-08-2013. Since the actual address of the seller was not with me, the letter was sent at the address of the dealers through speed post. The delivery report of the speed post downloaded from the website of the post office is with me. No written reply was received from them; however, the dealers went on assuring me day-by-day. The reason told by them for not registering the sale deed was that the actual owners are three partners and one partner has a payment dispute with other two.
Suddenly, on 08-10-2013, I received an SMS from one of the dealers requesting me to present on 10-10-2013 for registry. I also met with the dealer who has given his guarantee for execution of the sale deed. He also stated that if the sale deed is not get registered on 10-10-2013, he will not be responsible for future consequences. At this, I visited the plot with my friends and relatives (some of them were from outstation) on 10-10-2013 for a photo session with the owners (since a photograph of the owners and seller at the plot is required at the time of registry in the office of tehsildar). None was present at the plot. We all visited the residence of the dealer which was very near to the plot. He called another dealer telephonically and then we all went to the residence of the third dealer. After a long discussion with them, the dealers assured us that the owners of the plot will be present within one hour at the plot site for having a photo session and thereafter, the sale deed will be executed. But, even after waiting for long, no was present at the site for photo session. At this, we telephonically told the dealers to return our money within next day. But, they again went on assuring us telephonically. Also, on perusal of original papers of the property, one registry of the previous owner was missing. The dealers could not give any reason for missing of previous registry. They suggested that an affidavit from the present owners will be given for my satisfaction that the original previous registry has been misplaced by them and it has not been misused anywhere. On this, I searched the internet regarding the provisions of the missing of original papers of property and found that following steps are to be followed to get duplicate documents from the registrar office :
One : Register an FIR in local police station regarding the missing of original property papers giving clear reason.
Two : Publish an advertisement in newspaper
Three : After waiting for 15 days, the owner has to file an affidavit in the registrar office giving copies of FIR and cuttings of News-paper advertisement to obtain duplicate copies of property papers.
Again, suddenly, on 30-10-2013, a phone call was received from one dealer stating that compromise between the owners of the property has been occurred and they are ready for registry. He forced me to get registered the sale deed on the very next day, however, I asked him either to obtain original registry from the previous owner or to take appropriate steps to obtain duplicate copy of the previous registry from the registrar office. They stated that they visited the address of the previous owner, but the previous owner is not presently residing there. They are not able to locate the previous owner. At night, they met me at my rental accommodation and again forced me to get registered the sale deed on the very next day by accepting the affidavit from the owners. However, I asked them to take appropriate steps in the matter. At that time, two neighbors of mine were also present. The dealers promised to get filed an FIR through the owners on the very next day and to give requisition in some local newspaper for advertisement and copies will be provided to me. However, no response from them was received from them on the next day i.e. 31-10-2013. Then, on 01-11-2013, I sent SMS to one dealer to give me the status of their promise. On 04-11-2013, I again sent SMS to another dealer requesting to give the status of their promise. On 05-11-2013, a phone call was received from one dealer stating that the FIR is being registered at the local police station for missing papers and a requisition has also been given in a local newspapers. He again requested me to get registered the sale deed within next 1-2 days. In evening, two property dealers met me at my rental accommodation and delivered me copy of FIR and requisition in newspaper. They promised that the advertisement will be published in 1-2 days in ‘Dainik Bhasker’. Now, they are threatening me to get registered the sale deed within next 1-2 days without waiting for 15 days or forget the advance given by me.
Now, my question is what are my rights against such dealers ?
Whether I should bow head before their threat and get registered the sale deed without waiting for the 15-days procedure to complete?
What is my legal position, especially, when it is clearly written in terms of the agreement that if the seller fails to get registered the sale deed on the agreed date, I have a right either to get double of the advance paid or to get registered the plot through court ?
Where I can lodge complaint against the Property Dealers? Whether consumer forum will be appropriate place to lodge such complaint?
Please help me by giving me appropriate advice. Thanks to all for giving valuable time in my case.
