Legal Question in Real Estate Law in India

have booked flat approx. two year back with local builder in Delhi 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.
Thanks!

Asked on 7/04/11, 11:52 pm

Shrichand Nahar S.V.Nahar, Advocate

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0 attorneys agreed

Check terms of agreement to find out consequences.

Check local act governing construction and sale of flats for your rights and obligations as also rights and obligations of the builders.

If you believe it to be a clear case of 420 IPC, report the matter to the police or approach court.

Answered on 7/05/11, 1:47 am

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