Legal Question in Real Estate Law in India

I had purchased a flat in 2001 under ready possession and had made entire payments to builder including the charges for proposed housing society.

The flat was handed over to me with full & final possession letter . The flat is mortgaged to a bank against housing loan. In 2008, builder raised a payment outstanding of Rs.28000/- which included payment for the society deposit,membership fee, share money etc and and other infrastructure charges saying that the same had not been paid as per his records discovered during the audit.The process for society formation was initiated only in 2008.

I then sent him copies of the payment receipts and the possession letter which said that I had made all the payments with relevant cheque numbers. However he insisted on me proving the same by presenting my bank passbooks as a proof. Since this account was

old, I do not have the same but even otherwise, I did not like the builder ordering me around like this after 7 years and in fact asked him if he has any record of cheque bouncing. Since I keep on travelling, like most other members I had ignored a number of irregularities committed by the builder like colecting open space parking charges without reciepte, meter charges etc.

I also then discovered that many of the amenities for which he had collected money were not in place I therefore asked him the the whereabouts of the funds given by me and asked for a complete satement. He then relented and met me in person and conceded that some of his people had forgotten to deposit that particular cheque and that he was sorry for the letter and would be satisfied only with the basic sum being given and agreed that he had no business to collect interest. I asked him to make the same statement in

writing and asked him to return the unused cheque and also agreee that it was his mistake and I was not liable to pay any charges by way of interest etc.

He has not given the same. Meanwhile I had contested the society elections against his group ( I Lost)

.He has now issued me a registered notice saying that since I had not completed my payments, he had right to take possession of the flat under some clause in the agreement. Agreement to Sale unless I pay the entire amount with 18% interest from 2001.He has also refused to give me my share

certificate. The Current Chairman/ secretary belong to his group and are colluding with him in harassing me.

Sir, I would therefore like to know from you,

1. whether the builder has any lien on my flat after so many years.

2. Am I liable to pay the said amount even if the cheque has not been deposited by him and he has not claimed the same in so many years.

3. I have contested the elections as a member (hence shareholder of the society ) and as such can the builder or the chairman deprive me of my membership by stating that they have not received the society share capital on my behalf.

4. Can I sue the builder for criminal harassment, misrepresentation etc.

Thanks

2 Answers from Attorneys

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