• Getting my advance back

Dear Sir/Madam,

We had paid advance money to book residential-plots, which were yet to be approved by the authorities. We had paid Rs.80K per plot and also had convinced 2 of our relatives to buy this property, as the area seemed to have a potential for growth. There were also other esteemed people of our town, who had invested in the property. So, in good faith we went ahead and paid the booking amount in 2007. We were given the receipt of the payment.

However, till date we haven't received any update on the property and when approached, the real-estate developer says that the approval is still under process. Our further investigation on this particular developer shows that he has the practice of taking land which have unclear ownership records and selling it to gullible people. Given this background, we want to get our money back with the bank-rate of interest. We had sent a written letter through regd. post with Acknowledgement. The company has received the letter, but there is no reply even after 2 months. We want to explore the legal option and get our money back.

It would be greatful if your esteemed panel, can suggest us the options available and the way to proceed.

Thanks and Regards
-Hari Prasad.P
Asked 4 years ago in Property Law from Tirupati, Andhra Pradesh
if you have any documents to show that you have paid advance amount for booking the plots and whether you have entered into any agreement, if all these documents are with you, you can get your money back and you better  to approach consumer court for deficiency of service.
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

how was payment made? by cash or cheque? any acknowledgement received? any written agreement signed? 

you state that you have sent letter by Regd post Ad but no reply received . in such a case you can move consumer forum against the developer for deficiency in service and ask for refund of money with interest and also claim compensation
Ajay Sethi
Advocate, Mumbai
44497 Answers
2589 Consultations

5.0 on 5.0

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