Legal Question in Real Estate Law in India

I have booked flat approx. an year back with local builder and entered into agreement to Sale. Payment terms were in instalments as follows:

20% advance paid in time and rest

10% due last year april

10% due last year july

10% due last year October

and rest 50% at the time of possession.

The (flat) building is not yet ready. I have paid only 20% and at the time of booking and other three

instalment of 10% each were not paid by me due to some personal reasons. there is no correspondence exchanged between us. I have heard the builder has sold my flat to some other person.

Please guide me the course of action to be taken against the builder. Can he forfeit my 20% advance. Well the cost of the flat have increased by almost 30%. I believe this is clear case of IPC 420. A case of cheating can be filed against him. Please guide me the action to be taken from my end.

Well, Now I am in a position to make payment of all dues.


Asked on 7/04/11, 2:02 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Approach court with appropriate suit.

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Answered on 7/04/11, 3:22 am


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