• Registration pending from the builders

I have purchased a site 30x40 in the year 2014 by paying full amount under sancity kaveri project bengaluru. They promised the registration within 2 years but failed to do so. Even after 6 years the registration is pending. Now they are demanding additional 1,08, 000 by 16-4-2020 failing which they are going to forfeit the paid amount. Please help me in this regard
Asked 5 years ago in Property Law
Religion: Hindu

15 answers received in 1 day.

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19 Answers

You can issue a legal notice demanding them to register the site immediately failing which you can file a suit for specific performance of contract against the seller.

The demand made now by the seller is illegal and unjustified, you may refuse to pay them and drag them to court of law seeking justice, relief and remedy.

 

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

You can file a suit for specific performance of contract on the basis of the payment made to them so far.

They have to answer when the summons is served on them, before court

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

You can file complaint before consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Definitely you can sue them

Best option is file complaint and claim compensation in RERA. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

File complaint against builder before RERA and seek orders to direct builder to execute registered sale deed in your favour 

 

2) take plea that full payment has been made but till date registered sale deed not executed in your favour 

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

File a case in the rera tribunal against the builder.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

A case for breach of contract can be filed and in addition to that  Case for fraud and cheating can also be filed.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

Before that only you must bring a suit for specific performance and then they will come down and also you have to get issue a legal notice saying you will put everything on the social network and bring down their reputation. If you do not threaten now, they will forfeit the amount paid by you and also sell away the said property. You must initiate the action as early as possible.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Have you entered into Sale Agreement with the Builder?If yes, then you can sue him for Specific Performance of Contract. You dont have to pay more and over what is mentioned in the sale agreement or booking agreement. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

Move the Consumer Forum against builder for deficiency in service and seek execution of the sale deed or in the alternative to refund the sale consideration paid with damages.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Issue notice to the Builder calling him to register the site in your name.

Failing  to comply with your notice, lodge complaint against Builder with RERA seeking a direction against Builder to register the Sale Deed in your name.

Also request for damages for delay in completing his part of obligation and also for mental tension.

Yes you can sue them.  But it will take substantial time.  It is better if you approach RERA first.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. This is a clear case of deficiency of service and unfair trade practice.

2. So you have the option of cancelling the deal and seek fum refund along with enough damages and interest.

3. You have the option of proceeding with the deal and forcing the builder to give the property and register the sale deed as well.

4. In either case to seek your remedy you need to file a case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
23279 Answers
516 Consultations

You can make complaint in the RERA office of your city in which city the land comes and in the Consumer Forum too against builder.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Hi

File a complaint against them under section 420ipc

They will surely refund the amount to you.

File the complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Send a legal notice for registering the sale deed . Also indicate that the builder is held liable for compensating the amount due to their delay for registration.If they are not compensate ,then you can approach the consumer forum for realising the amount from builder.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

You can file complaint under 406,420 of IPC .

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

1. Yes you can file case against Sancity builder for not registering the property on your name. 

2. You should file suit for specific performance against the builder for non registration of property and demanding illegal penalty for late registration from their end. 

3. They cannot forfiet your payment on ground of non registration of property due to their fault. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

HI,

You may withdraw from the project and demand your money back. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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