M/s. Khan Infrastructure Pvt. Ltd., N-17/A-2, Dilshad Garden, New Delhi-1100095 made an agreement with me in the moth of December for sale of a HIG Flat at plot No. C-41 DLF Dilshad Extension-II Distt. Gazhiabad (U.P.) (IInd Floor with exclusive roof right) for Rs.31, 00, 000/- along with all common facilities etc. with the proportionate rights of free hold land underneath. For the same they took an advance of Rs.6, 00, 000/- . The details of payments are as folows:
Rs.2, 00, 000-vide cheque No.210405 dated 18/12 drawn on Standard and Chartered Bank
Rs.1, 53, 000 vide cheque No.210406 dated 31/12 drawn on Standard and Chartered bank
Rs.2, 47, 000 vide cheque No.222602 dated 31/12 drawn on Allahabad Bank
In the agreement it has also been stated that the remaining Rs.25, 00, 000 will be paid by the second party (myself) in two installments as under:
The second Party (myself) agreed to sell and the first party (Ms. Khan Infrastructure) is agreed to purchase the property (which exist in the name of second party) bearing property No. C-1/86/S-1, DLF Dilshad Extension II, Gaziabad and the sale price for said property had been agreed and fixed at s.21, 50, 000/- by both the parties and the said property, which is currently financed by the HDFC Bank, will be cleared by the first party on behalf of the first party and this amount would be deducted from the sale price of the flat and the rest amount will be adjusted in the balance amount of the second party.
the remaining balance (Rs.13.50, 000/-) will be paid by the second party to first party within oct.
It has also been stated in that agreement that if the first party fails to complete his/he part of contract as per the settlement referred to above then he/she will pay double amount of earnest money to the second party.
Since then more than one and half year has passed. TM/s. Hkhan Infrastructure has failed to fulfill its commitment as per our agreement. We had reminded him several times but there is no response from his side. In the meantime M/s. Taj Builders, DLF Dilshad Extension -II, Gaziabad had informed us that they have taken over the current project and they are not bound to honor the agreement we made with Ms. Khan Infrastructure. It indicates that Ms. Khan Infrastructure has cheated us. As per the agreement i am entitled for the IINd floor flat at plot No.c-41, DLF Dilshad Extension-II or Ms. Khan Infrastructure should give me Rs.12, 00, 000 (double the advance money) for breach of contract.
We belong to a very ordinary middle class family. If we lose the money we have already paid to M/s. Khan Infrastructure as an advance, we will be nowhere. Kindly help us in this regard, so that, we get the possession of that flat without furthe delay.
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