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Zakir Ali Khan (Manager Import)     25 October 2024

Purchase of flat at titawala unable to get the refund

i HAD  BOOKED  1 BHK  FLAT AT  UNDER CONSTRUCTION  SITE   AT   TITAWALA  EAST  ON 14.05.2014  .   AND HAD  PAID    RS. 5 LAKHS   AS ADVANCE  AND THERAFTER REGISTERED   THE FLAT AND HAD PAID   STAMP DUTY  ALSO.  

THE WORK HAS STILLNOT   STARTED  

THERE  ARE  3 PARTNERS AND    THE  ADVANCE COLLECTED  BY 1 PARTNER HAD  FLED . AND   REMAINING 2  PARTNERS  ARE LIVING AT  DOMBIVLI  .  i HAD FILED   COMPLAINT AT  DOMBIVLI POLICE STATION ,

HOW EVER THE  ONE PARTNER   WHO IS    AVAILABLE  AGREED  TO   PAID THE AMOUNT  INITALLY  .   AFTER CONTINUE    FOLLOW UP .   HE  HAS  ALSO  SWITCH  UP THE MOBILE  AND   IS NOT ANSWERING  THE  CALL.

PLEASE ADVISE HOW TO RECOVER   THE MONEY     

 ZAKIR ALI KHAN  



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     25 October 2024

Since you have the sale agreement executed by a registered deed, you could have taken action through legal forums i.e., either by making a complaint with the RERA or with the consumer commission for recovery of your advance amount  for the reasons you rely upon, but before that you should have taken setps to cancel the agreement as demand the return of the advance amount.

Alternately you could have approached civil court with with a suit for specific performance of contract or a suit for recovery of your money owing to the cancellation of the sale agreement.

If you had given money directly to the 1st partner then you may have to lodge a criminal complaint against him alone, there is no point in following it up with the other partner if he is not undertaking any responsibility to return your amount.

Since it is a partnership firm, you can sue the firm along with its partnerrs for recoveyr of your amount.

You consult your advocate and proceed by whichever step that will be convenient to you as suggested


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