I booked an under-construction flat from a builder by making advance payment by way of cheque and made an "AGREEMENT FOR THE SALE OF PROPERTY" on a 100 /= rupee bond paper.  The clause was that the builder will complete the construction in one year from the date of the agreement and register the flat by giving possession of the flat in the apartment or else he is liable to pay the money @ 10% interest PA of the advance amount.  After one year of the agreement the civil works were still going on but still it was agreed by both of us orally to register the property by paying the remaining amount.  Accordingly I deposited the eChallan amount payable to the Registrar of the state.  Surprisingly he did not turn up to the registrar office and made me wait there for the whole day and I had to leave after the official hours.  Later I served him a legal notice stating that he failed to comply with the terms and conditions of the agreement and hence he is liable to return the advance amount with interest of 10% till the date he returns the amount.  After returning the amount he should officially cancel the agreement.  But neither did he reply to my notice nor did he return the money nor did he make any cancellation deed.  Now it's been 2 years since the agreement has been made and the flat is completely ready for possession.  But he is neither ready to register the flat nor handing over the possession. It has come to my knowledge that he is selling this flat to some other party at an higher rate without returning my money and without officially cancelling the agreement. 

 

What should I do in this situation? What are my legal rights?  Can I file a case against him and seek a stay order for sale of this flat by the builder? Will I get a stay order?  What are my chances of winning the case directing the builder to register the flat in my name by paying the existing rent for the flat from the date of expiry of the agreement.  Please advice.  

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