Registered Banakhat Payment Terms violated

3 years ago

Person A and B bough flat jointly for Z Amount and get registered banakhat with Builder in under construction property Ahmedabad, Gujarat.

Person A paid = X Amount as cheque from account before Registered banakhat which mentioned in Banakhat
Person B paid = Y Amount taking loan from Bank (Y is half disbursement of Full sanctioned loan)

So X + Y + Remaining Loan to be disbursed = Z

Now there is dispute between A & B. So B didn't disbursed remaining further loan. So builder sent 3 notices in 1 month interval.

Then Builder told A and B to cancel the flat but Person B is not coming to sign cancellation or not answering phone now.

Its been 1 year and Banakhat validity also expired and as mentioned in banakhat payment turms are violated.

Builder has filed complain in GUJRERA because Person A and B not paying money and also not cancelling the flat and making builder finanical loss.

RERA date for complain hearing is coming soon. Person A is ready if Person B releases the loan but person B don't want to continue with the flat and due to mentally harasses Person A and builder not coming for signature in cancellation.

What will happen further ?

if RERA provides cancellation right to builder, then person A can buy this same property again AS FRESH BOOKING after Builder process cancellation and reverse the transaction of money paid initially by A and B. Can Person B further take any legal action against Person A if he/she buy same property by new payments cancelling previous banakhat taking RERA approval.

Please help.

Thanks.