Legal Question in Criminal Law in India

i purchase free hold upper ground floor from builder in booking after sold by builder on the behalf of agreement to sell in builder name and pay earnest money but builder purchased out right whole property and he transfer this whole property in his wife name and also we pay in advance part of earnest money by cheque in favor of his wife through my wife account but in the our agreement to sell second party i am not my wife and also in the our agreement to sell we write & mention two controversy clause and no bar time for hand over by first party in this agreement and also that one we pay earnest money to first party and first party will execute the document in our name and balance payment shall be pay on the time of possession hand over by first party and no. two is we party earnest money to first party and pay full & final consideration amount to first party then the first party execute sale deed in our name and hand over physical possession and also some legal interruption builder not approve building sanction plan but till date he approved from concern department online only , So, i question is can i go to court against this agreement to sell and can i file or register case 420 against first party

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