Legal Question in Real Estate Law in India
I have purchased a bungalow at Ahmed a bad at a total consideration value of Rs. 31 lack 's in the year 2013. So far I have paid 25.31 lack but on repeated requests, the builder is not ready to give me agreement. He insists that I should pay in full first and then only he will give agreement. Is this stand from the builder is justified ? Can the builder refuse to enter in to agreement and insist for the entire amount t to be paid? What action can be taken against builder in this case ?
1 Answer from Attorneys
Sir
As per the standard practice in Ahmedabad, first all the Black Money ("Cash Money") has to be cleared, receipt of which they write in a Diary. Once the Cash Payment is completed, then they would execute and hand you the Agreement. The white money has to be paid after the Agreement is executed and in the manner and mode as provided in the Agreement.
So i am not sure, whether 31 lack represent full black money or white money. However, since you have already paid substantial amount, the builder should execute the agreement, and in the agreement a clause can be inserted that balance 5 and odd lack to be paid on or before a particular date.
Your money is blocked right now If you take any legal action, then builder will certainly not execute any conveyance in your favor, or might even disown the fact that you paid any money to him (if it was in cash). So no need to be harsh on the builder. Normally builder do not usurp the money, and he would execute the agreement once you clear the money.
However if you have any doubt on the bona fide or intention of the builder then, before taking any step, consult a lawyer. There are ways of criminal compliant and complaint to consumer court etc. however, before taking any action consult a local lawyer with all the papers, so at the end it may not be the situation, where you have to fight for all the money paid and also for the property.
I am based in Ahmedabad. You can consult me should you require any assistance.
Regards
Vivek N Mapara
www.vnmlaws.com