Buyer delaying payment of rest of the amount by filing baseless cases.


I have a house in Gurgaon that I sold to someone. As decided he paid me 10% or the total payment and the remaining 90%was to be paid in the next 70 days. On the 68th day I received a summon from the court wherein this person says that we have taken an advance payment and are now refusing to give him the house.

 

It’s been 4 months that he has been raising baseless reasons to extend this case further and is avoiding all means for registry.

 

What should we do in this case?

 

Answer

 

After reading your query it appears that you have entered into an agreement to sell with the purchaser. 

 

Further, in the Agreement to Sell both parties have agreed for 10% payment by the purchaser to you in advance and remaining 90 % to be paid within 70 days from the date of the said agreement. 

 

As per you, before expiry of the 70 days you received a Summon of the court that shows that the purchaser has resorted to the court prematurely and his cause of action is immature till 70th day from the date of the agreement. 

 

Therefore, the case is preposterous and liable to be dismissed in your favor on the very first day and the case is without any grievance. Anyway you may appear in the court through a lawyer and defend your case by filing appropriate application Under O-VII, Rule -11 OF Code of Civil Procedure, 1908.

 

Once you engage a lawyer with complete documents an efficacious remedy can be suggested. 

 

Kindly contact us for any further details and action.

 


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