'Builder sold the land to someone else before getting into a sale agreement'
Sir, below is the event timeline, Please suggest how could we get our advance back at the earliest.
May 2012: We paid Rs 1Lakh as booking amount to a builder (Organisation) to buy a plot. We were asked to prepare for arranging the balance advance amount so that the builder could initiate the sale agreement.
March 2013: We paid the balance 2Lakh and sale agreement was made. And we were given time to arrange for the loan amount to complete the registration process. It took more than 9 months to get into a sale agreement as the builder quoted that some approvals were pending.
April 2013: The Bank approved the loan amount based on the sale agreement, and we start following up with the builder to complete registration. but he kept making excuses such as approval is pending.
Oct 2013: After the bank loan timeline is over, We apply for EC and find out that the builder had already sold the land to someone else on Oct 2012 (Please note that he had sold the land before getting into a sale agreement with us and the sale agreement that way becomes void.)
Nov 2013 : We ask the builder to return back the money with interest. He agrees to return the amount but without any penalty/interest even thought it was agreed in the sale agreement . Finally he gives two post dated cheque (Dated Jan 2014)
Feb 2014 : The Builder calls to inform that there is shortage of fund and wait for some time, (One of the cheque of Rs 1Lakh is encashed, now we have another 2L cheque which we have in hand)
1 Reply
Hi,
Even I’m facing a similar situation with a small time builder here in EC. Any legal advice would be much appreciated!
Love,
Gaurav