First AOS to one person for the same property Sale deed to other person First AOS to one person for the same property Sale deed to other person

8 months ago

I purchased a flat in one construction company and they have given AOS to me but after one month for the same property builder did registered sale deed, Now can I fight with the builder or can I put a case in consumer form for getting my flat to me and canel the registered sale deed to the other owner.

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
In the given situation, first, you need to serve a legal notice to the Builder and file a civil suit against the Builder for specific performance before the Civil Court under Specific Relief Act, 1963 praying for cancellation of the registered sale deed. and simultaneously you can file a criminal suit against the Builder for cheating u/s.420 of IPC. Apart, if the property is a registered project under RERA, then you can file a complaint against the Builder for the commission of unfair trade practice before the RERA for adjudication. To seek relief through litigation before the civil court is an expensive and time-consuming matter. In case you are not interested in the said under-construction property and intend to get back the advance/booking money of the flat from the Builder, then file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court claiming a refund of the entire booking money along with compensation for harassment and mental agony and cost of litigation. Reach out to an Advocate for guidance and steps. In case you need any legal assistance in the matter, you may contact our legal team along with relevant papers.
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Anik

Responded 8 months ago

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A.Dear client,
You can file a suit for specific performance in the respective civil court. You will get your remedy. Specific performance, when granted mandates the party to perform its obligation
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Kishan Dutt Kalaskar

Responded 8 months ago

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A.Dear Sir,
You cannot go to the Consumer Court. You can file a suit for specific performance on the basis of AOS and seek not binding relief in respect of sale deed.
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