Invalid Agreement for purchase of flat
5 years ago
I BOOKED A FLAT IN MOHALI CHANDIGARH AND GIVEN THE BOOKING AMOUNT BUT I HAVE TO CANCEL THE ALLOTMENT ON THE GROUND THAT AGREEMENT WAS NOT SIGNED BY AUTHORISED SIGNATORY BY NAME AUTHORISED BY THE BOARD OF DIRECTORS AND THERE IS NO MENTION OF NAME PARENTAGE ADRESS AADHAR PAN NO IDENTITY OF THE PERSON SIGNING THE AGREEMENT AND RELEVENT SPACE WAS KEPT BLANK AND AGREEMENT IS NOT ON PERFORMA DEVISED BY RERA .WHETHER THE AGREEMENT IS TO BE CONSIDERED INVALID AND I AM AUTHORISED FOR REFUND OF MY MONEY .THERE WERE OTHER ISSUES OF INSUFFICIENCY IN SETVICE.THE DEVELOPER HAS BEEN INFORMED ACCORDINGLY.
T B L Murthy
Responded 5 years ago
A.The agreement itself does not become invalid but you can claim your money if the developer has not fulfilled his promise on time
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Ashutosh & Co
Responded 5 years ago
A.Iou can file case in national commission for defeceincy service and get back money from there or file recovery suit also
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Firstly send notice to developers.if they not replying to notice then you can file cheating and frauds complaint u/s 420 of IPC. You must approach to vidhikarya lawyers for sending notice and filing complaints.kindly contact.
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ROBERT D ROZARIO
Responded 5 years ago
A.This is little bit confusing. You paid the booking amount but you did not mentioned to whom? Did the builder received the booking amount and issued receipts. If yes, very good. You are on the safe side.
Now your concerns are with allotment letter which was not duly signed by the builder. Generally this is malpractice by most of the builder who sells the best flat to a buyer who agrees to pay a higher rate. I must appreciate your quick and alert minds to find those faults which is not usually expected from a layman.
Since the allotment letter has not been duly signed by the builder, it means you haven't yet been alloted the flat in your favour. Such allotment letter bears the signature of the authorized attorney, with company seal, registration number, registered office address etc. It should also incorporate a short description about the registered POA (such as Book no., Volume no., Deed no., Pages no. Date and the office of Additional Sub Registrar) identify the authorized attorney (Aadhaar number PAN number Voter id Card number etc) and company authorizing him to act on its behalf and identifying your flat giving out a clear description.
Now things you need to do:
First thing is to serve a legal notice upon the builder company asking them to make good the defects and issue a proper allotment letter specifying and identifying your flat in the said premises. If such dealings are taken care by their authorized attorney, ask them to send a xerox copy of the registered POA which can be verified from the office of Additional Sub-Registrar. Proper vetting of the POA is required to be done by a lawyer. Don't take any further burden over your shoulder. Its the lawyer job to conduct due diligence when it comes to vetting of legal documents.
You can either contact me or any other advocates from Vidhikarya for your work.
Now your concerns are with allotment letter which was not duly signed by the builder. Generally this is malpractice by most of the builder who sells the best flat to a buyer who agrees to pay a higher rate. I must appreciate your quick and alert minds to find those faults which is not usually expected from a layman.
Since the allotment letter has not been duly signed by the builder, it means you haven't yet been alloted the flat in your favour. Such allotment letter bears the signature of the authorized attorney, with company seal, registration number, registered office address etc. It should also incorporate a short description about the registered POA (such as Book no., Volume no., Deed no., Pages no. Date and the office of Additional Sub Registrar) identify the authorized attorney (Aadhaar number PAN number Voter id Card number etc) and company authorizing him to act on its behalf and identifying your flat giving out a clear description.
Now things you need to do:
First thing is to serve a legal notice upon the builder company asking them to make good the defects and issue a proper allotment letter specifying and identifying your flat in the said premises. If such dealings are taken care by their authorized attorney, ask them to send a xerox copy of the registered POA which can be verified from the office of Additional Sub-Registrar. Proper vetting of the POA is required to be done by a lawyer. Don't take any further burden over your shoulder. Its the lawyer job to conduct due diligence when it comes to vetting of legal documents.
You can either contact me or any other advocates from Vidhikarya for your work.
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Junaid Ali Khan
Responded 5 years ago
A.You need to check whether such developer was registered with RERA or Not? According to the information provided by you, it seems he has not been registered with RERA.
You should first send a legal demand notice and eventually file a complaint with RERA mentioning that such developer was not registered with RERA.
In case he was not registered with RERA and denies to return the amount you can also lodge an FIR u/s 420IPC in the local police station having jurisdiction.
You should first send a legal demand notice and eventually file a complaint with RERA mentioning that such developer was not registered with RERA.
In case he was not registered with RERA and denies to return the amount you can also lodge an FIR u/s 420IPC in the local police station having jurisdiction.
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Dr Shrikrishan Sharma
Replied 5 years ago
Developer has been registered under Rera Punjab
Nirmal Chopra
Responded 5 years ago
A.If the agreement is not in the convened format then it should be corrected through proper procedure or else it is not valid and liable to be cancelled
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