Advocate D Vijay Raj

Questions Answered by Advocate D Vijay Raj

Q: How can I legally recover booking money if I cancelled it within time?

Hi , I have a paid 300000 as an initial 20% contribution to buy a 30*40 land in Kolar. I have taken a confirmation in mail from the directors of the company and there sales head that by 20-Dec-2017 i would confirm i want to proceed with registration or not . They have confirmed to me in mail that if i cancel by booking by 20-dec-2017 they will refund the entire amount without any deduction. I have already communicated i want to withdraw on 9-dec-2017. I have not signed any agreement or any document after paying . When should i consider legal action and what would be the resolution time , practically speaking can they delay returning my booking amount. Considering i am not currently in India what do you suggest. Does my case stand a good chance. Do i need to be present in India to file case (my entire family stays in with me in Thailand) Please suggest , what should be point of action.

Advocate D Vijay Raj answered
Any purchase of property, at the time of contribution of your margin money should be followed by a sale agreement with a stamp duty of 0.1% on the consideration value then the agreement can be legally enforceable but since already you have made the payment and has only mail confirmation pls go ahead in issuing a legal notice and ascertain the builder's intentions and go ahead in filing suit for recovery. In civil suits you authorize any of your friends for representation to contest the case on your behalf.

Q: What to do if construction work is not completed as promised?

We around 40 home buyers, who have gone into agreement with a Builder couple of years back.We have home loans from reputed banks like SBI, Corp bank and Andhra Bank. And the banks have disbursed from 50 to 90% of the flat cost, without proper verification. Some buyers have already registered also. But the builder was into some legal issues related to other projects, and went absconding in September last year. FIR lodged by all the buyers at a police station near the builder's corporate office. In last Dec, the builder introduced us with one of their investors, who was supposed to complete the project and hand over to us. It's already an year over but there is not much progress with respect to construction. Though the builder and the investor has entered into a partnership agreement, the buyers have not got any document. The banks were reluctant to disburse the rest amount. But any how the new builder(investor) has convinced them with NOC from buyers to accept him. Please suggest!

Advocate D Vijay Raj answered
pls Incorporate the new investor introduced by your old builder in all your agreements and Deeds and inform the same to your mortgagee banks and further scrutnize all the partnership deed and resolution of admission of the new investor/partner in the builder's firm .Pls give NOC subject to completion of the project by mentioning both old builder and new builder's names in the NOC.

Q: Should I buy a property where DC's approval has not been obtained yet

Near Devanahalli some builders are selling plots by installment basis, and DC convertion has not done for the property.They are telling that approval will be done later. I need advise whether to buy the property or to avoid

Advocate D Vijay Raj answered
DC conversion is mandatory for agricultural lands converted for residential purposes, any assurance from the builder is always doubtful unless the said approval is obtained by the builder pls buy after the conversion of land for residential purpose.

Q: Forgery case- permanent injunction- FIR-Police not taking complaint

In year 2007 we won a case and a permanent injunction was granted to us in city civil courtBangalore. After this in yr 2009 the opposite party has registered our property also in favour of his brother .Next in yr 2017 opp part brother has put case on us stating the property belongs to him . And he has given a Police complaint stating that we have forged the sign and have acquired his property . And the case is registered in magistrate court and criminal court . So my Question is complaint in police station was given on 2/aug/17 and in court case was registered on 4/Aug/17.IF the case as to registered means .....then FIR as to be filed ....without enquiring both the parties how the FIR can br registered and case can be put in court .We got intimate about this on 1/Dec/17. From 4months ...we are getting notice now ...and still now ..we dint knew the case registered against us . Wen we gv return complaint to that notice ,the police SI dint take it ....So wat action to be taken ?? Against

Advocate D Vijay Raj answered
Firslty if your have won the case and if there is permanent injunction how the alienation of property has took place for which your have to ventilate your grievance by filing civilil suit for declaration against your opposite party and his brother. The new buyer filing a case against you for forgery probably he would have filed PCR before the magistrate under section 200 of crpc and later the said PCR would have got converted to CC and the notice/summons from the court would have got issued against you. pls represent before the magistrate and file your statement of objections for the complaint by filing the decree of civil court and pls address the matter is civil in nature and further the complainant has made the forgery in alienation of property.

Q: What if I a sued for cheque bounce after giving money by hand?

Hi sir i need some information i have give him some body check . it was bounce after i have give him money by hand but forget to take cheque back .after cheque bonuse 6 to 7 month after bonuse he do Cause on me .

Advocate D Vijay Raj answered
He cannot file any case if you have mentioned the date on the instrument and if it has exceeded the duration of 60 days. then the cheque becomes invalid and your person cannot exercise any action against you under negotiable instruments act.