In October 2016, I given a token amount of 5 Lacs rupees by cheque to a builder company in mumbai of which even after asking many times he haven't given the receipt. He was asking for more 30 Lacs without agreement and receipt so I cancelled the deal in Nov 2016 and asked for refund. The flat was never alloted to me and he told from start that the flat is alloted to some investor and he needs to clear that allotment before alloting flat to me. I was taken to the builder by 3 estate agents and now they are not responding and blocked my number as well... Till today, he haven't given my money back and he is always delaying and don't give any concrete answer. What all options are left with me to recover the whole amount ? Please share your number so that I can consult to you personally Please help as I am going through lot of mental stress ..
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1. This is the standard tactic of many builders in india but fortunately there is legal ways to teach them a lesson as well.
2.File a case case in consumer forum seeking refund of the same.
3.In the same case you can also ask for damages and compensation.
4.In all likelihood you will get back more than what you have given to the builder.
5.So act accordingly.
Immediately issue a legal notice to builder through your counsel and if the builder is not willing to pay the amount within notice period then you may file a civil suit for recovery against him before civil court.
Apart from the above you may file a criminal case against him before the court or police for cheating under section 420 of IPC.
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Hi sir, I tried reaching to consumer court but they want a receipt from builder of 5 Lacs rupees to go forward ... They told me to register a police case FIR against builder which I still haven't done so... As I want to take it peacefully and even police will ask me for receipt without which they will not help me. Builder is also linked to political background and I as an individual is a very common man..
Issue a legal notice to builder as the payment paid by you has been transferred through bank transaction and if builder is not ready to make the payment then civil suit will be better in which you may claim your money along with interest and compensation.
Consumer court will not be helpful in this regards.
FIR CAN ALSO BE FILED IF YOU WANT
Payment of money through cheque is enough proof of payment and it is akin to nothing nut a receipt.
I lelive you have not filed any case beofre the consumer forum. You may have met their officials for a opinion. The consumer forum officials are not much aware of law.
So better meet an advocate and file a case.You will get justice for sure.
1) issue legal notice to builder to refund your Rs 5 lakhs with interest as you have cancelled the booking of flat done by you
2) if builder fails to refund file police complaint against builder under section 406, 420 of IPC for criminal breach of trust and cheating
3) rely upon bank statement to prove funds transfer made from your account
builder is not above the law
2) file police complaint as advised
3) you can also issue legal notice to builder
You have to first issue a legal demand notice after intimating your decision to cancel the booking, instructing the builder to return your advance amount.
Failing to comply with your demand, the builder may be dragged to various legal forums for recovery.
You should produce the details namely bank account statement attached to the petition/complaint made before consumer forum.
You could have lodged a complaint with the police also, let him be any powerful, you should not be worried about taking legal action if you are interested to retrieve your money back.