Builder – MCD unauthorized Property sold

I had purchased one builder floor from the owner of the property. On 18th April and paid the bayana amount which is 10% of actual cost. There was no property dealer involved in the transaction hence my we could not verify the property papers thoroughly. Then i applied for the house loan but the loan got rejected and the reason cited by the bank was that the property has been in the MCD unauthorized construction list as the map and the property had covered excess of the area. Upon searching i found the name of the property in the unauthorized construction list. I told the owner about the problem but the owner said i have filed in the application for regularization with MCD and it will get cleared.I even requested him to return my money, as this was against the clauses mentioned in the bayana(i.e. property should be free from all sorts of litigation issues) but he immediately refused. I had to vacate my house as i had sold my house in order to purchase this builder floor. My last date was 2nd June 2014, on that day the owner of the builder floor assured that the property will get clearance from MCD within the next two days & told me to pay 50% payment (of the actual house cost)and allowed us to move into this floor of his. The last date of Bayana was 18th June as per the mutual agreement on paper, but till that date he did not get the clearance. Upon my regular inquires it was all in vain. He use to threaten me and demand more money from me, though on 2nd June he himself had committed that he would demand rest amount on the date of property registration and in the meantime he would get his property cleared from MCD. After waiting for so long i sent him the court’s notice as the due date of the Bayana got over on 18th June.But he threatened me and told me that there is no court in this country which can get us our money back from him. He also warned me that he would file a return case against us claiming that we don’t have money to purchase the property, which is totally baseless as we opt for home loan in order to assure about the genuineness of the property documents. Finally he got the clearance on 3rd July and now i again applied for Home Loan this time in a different bank , once again the Loan got rejected and now the reason was that he did not have the following documents: 1. Agreement to sell. 2. Possession Letter. 3. Allotment letter. 4. Demand Letter. 5. Incomplete document chain. We consulted many people regarding the documents of this property. Everybody are of the opinion that the documents chain is incomplete and the property should not be purchased. Even the GPA of this property is not registered. Me and my family members are being tortured everyday. Please help us as it is a very very big amount and i don’t want to take risk with such a property even though the seller could not get the clearance and he is defaulter as per the agreement, he could not get his property cleared from all sorts of litigat

I want my money back as this is a case of fraud. The owner sold me illegal property ( listed under unauthorized construction ).

Email Id: dineshkum@hcl

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