Builder - Buyer Agreement
Respected Circle Members,
I seek your valuable advise for taking necessary action against defaulter builder who is not honouring his own agreement.
I had booked a flat in 2013 in one of the project in NOIDA [ W] since the project got delayed because of various reasons & also with the despute amongst the partners. The project was shifted from it's original location to a new site which was not acceptable to me. I immediately approached the builder to return my booking amount & one initial installment. The builder showed me his inability to refund the amount & gave me a proposal that which was a duly signed agreement on the Stamp Paper that after 60% of completion of the project he would buy back the unit with some marginal appreciation. After two years I again approched him & showed him the agreement when project crossed 60% initally he was a bit hesitant on the pretext of the slow real estate market but after putting pressure he finally agreed to make the full payment in installments spreading over to 03 months.He also agreed to bear the EMI of the Bank till the full amount is reimbursed accordingly he issued 7 PDCs. But after clearing of 02 PDCs he sent a mail that we should 1st clear the bank loan although it was intially agreed that this loan would be paid in full at the end when final amount will be disbursed. I tried my best to convince him that loan would be in cleared in full once he would make that much of payment but he did not agree.
Since I had no other option I presented the remaining PDCs to bank & all of them bounced as expected. Since this happened very recently I am seriously thinking of sending him a legal notice for filing the case under section 138.
I am also thinking filing an FIR in the concerned Police Station for cheating etc. Can I take any other action more
I seek your valuable advise for taking necessary action against defaulter builder who is not honouring his own agreement.
I had booked a flat in 2013 in one of the project in NOIDA [ W] since the project got delayed because of various reasons & also with the despute amongst the partners. The project was shifted from it's original location to a new site which was not acceptable to me. I immediately approached the builder to return my booking amount & one initial installment. The builder showed me his inability to refund the amount & gave me a proposal that which was a duly signed agreement on the Stamp Paper that after 60% of completion of the project he would buy back the unit with some marginal appreciation. After two years I again approched him & showed him the agreement when project crossed 60% initally he was a bit hesitant on the pretext of the slow real estate market but after putting pressure he finally agreed to make the full payment in installments spreading over to 03 months.He also agreed to bear the EMI of the Bank till the full amount is reimbursed accordingly he issued 7 PDCs. But after clearing of 02 PDCs he sent a mail that we should 1st clear the bank loan although it was intially agreed that this loan would be paid in full at the end when final amount will be disbursed. I tried my best to convince him that loan would be in cleared in full once he would make that much of payment but he did not agree.
Since I had no other option I presented the remaining PDCs to bank & all of them bounced as expected. Since this happened very recently I am seriously thinking of sending him a legal notice for filing the case under section 138.
I am also thinking filing an FIR in the concerned Police Station for cheating etc. Can I take any other action more
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money paid can be recovered easily..file civil suit + criminal complaint....no need to look out for other buyers to join u. more
Nov 08
You must join few buyers an file joint petition in National commission. I am dealing at this stage 35 cases. Prithvi Raj Sikka Managing Partner Law Juris 9811054562 lawjuris09@gmail.com more
Oct 19
Amit Sir it is good information for all circle members thank you very much and I offer to you because very experience aware all members and personally you telephone to victims and help them more
Oct 19
In nutshell: 01.Send them notice of 15 days for the refund of your deposits with interest. 02. If the Developer doesn't respond to your notice or doesn't remit you funds then file a Consumer Complaint before the Consumer Forum of its Jurisdiction u/s 12 of CPA-1986 slapping charges of deficiency of service / SECTION 2 (i) g amounting to mental agony, financial losses and harassment caused to you. On Fri, Oct 14, 2016 at 1:15 PM, Amit Sinha wrote: > more
Oct 17
Do all things you have mentioned. In addition file a complain before District Consumer Forum with 18% interest p.a. Pl note as per Supreme Court judgment if any contract between a stronger and weaker party is made in which the weaker party has no choice but to fill in the dotted lines otherwise he will not get the goods is known as adhesion contract in American law, and as per SC if such contract comes before any court should be quashed. more
Oct 16
