Real estate developer sold a plot which is not in their name
8 months ago
I purchased a plot in Oct 2021 from a real estate company worth 11,15,000 and paid 9,50,000 online and rest 1,65,000 in cash after ATM withdrawal which is mentioned in their statement.
Since they promised to do the registry free, so in order to save the stamp duty, they only mentioned 6 lacs in the sale dead. The land they sold also not belonged to them, hence mutation in my name is not done so far.
If I approach to consumer court, would it be fine? If not then, is there any other solution to cancel the registry and take my entire money back?
A.Dear Client,
Without the status of title and encumbrance of the property, you entered into the deal for which you are now facing all these ordeals. Stamp duty is chargeable on the MV of the property not on the set forth value for registration of the property. If the project of the Real estate company is a registered project under RERA, then you can make a complaint against the concerned Company to the RERA. A dispute connected with the sale or purchase of immovable property does not come under the purview of the Consumer Protection Act until and unless any service is availed or hired for the development/upgradation of the immovable property and any deficiency in that service is caused on the part of the service provider. So, in the given situation your remedy lies with the Civil or Criminal Court. Reach out to an Advocate for guidance and steps.
Without the status of title and encumbrance of the property, you entered into the deal for which you are now facing all these ordeals. Stamp duty is chargeable on the MV of the property not on the set forth value for registration of the property. If the project of the Real estate company is a registered project under RERA, then you can make a complaint against the concerned Company to the RERA. A dispute connected with the sale or purchase of immovable property does not come under the purview of the Consumer Protection Act until and unless any service is availed or hired for the development/upgradation of the immovable property and any deficiency in that service is caused on the part of the service provider. So, in the given situation your remedy lies with the Civil or Criminal Court. Reach out to an Advocate for guidance and steps.
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A.Dear client,
Serve a legal notice on him to somehow seek registration of the sale deed or return the amount paid with interest. If he does not do so then file a complaint against him under IPC for cheating and fraud under section 420 IPC
Serve a legal notice on him to somehow seek registration of the sale deed or return the amount paid with interest. If he does not do so then file a complaint against him under IPC for cheating and fraud under section 420 IPC
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