Legal Question in Construction 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 came to know that 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. I believe this is clear case of IPC 420. Can I file 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, 2:19 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear client

See, You made a mistake by not intimating the builder that you were not in position to pay and can seek more time.But in any case, builder has no right to sell the flat to other, atleast without intimating and giving an opportunity to you and for the alleged act you can either approach the civil or the consumer court.You may also file a case of fraud and cheating. You will certinly get some remedy.

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Answered on 8/14/11, 4:07 am


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