• Purchased the land , builder is not returning the money

Hi,

i have purchased the Land from Aliens Developer Ltd, hyderabad in their SKYPARK project. we purchased in 2011 and they didnt registered it till 2015, after they told me they are selling it to MAK Project and you need to pay additional amount and also you can opt out if you dont want to continue, and they will return the full prinicipal amount and provide 12% interest which will be in the form of Plot in Aliens Hub. we gave them total 875000/- Rs and till now in duration of 6 months they provided only 3 Lakhs rs. we are reminding them and they are just giving us excuses. 
Please let us know what legal action we can take against them to get our money back and 12% interest.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

file police complaint of criminal breach of trust , cheating against Aliens Developers under section 406, 420 of IPC

2) also file complaint before consumer forum seek refund of your money with interest , litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1) you have to file complaint before district consumer forum in your city seek refund of Rs 5.75 lakhs with interest , litigation costs , compensation

2) receipt issued by developer will help you in proving that Rs 5.75 lakhs was paid by you

3) also approach local police station and file complaint against developer

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

you should file case before the consumer forum. once agreement made it cannot be changed suo moto. new offer i.e. to give Plot in Aliens Hubis, is void in the eye of law, you should file case before the forum for breach of contract and return of money with interest @15% (@12% agreed and @3% as penal interest).

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

we gave them total 875000/- Rs and till now in duration of 6 months they provided only 3 Lakhs rs. we are reminding them and they are just giving us excuses.

Please let us know what legal action we can take against them to get our money back and 12% interest.

If you have evidences for the arrangement for return of the money deposited with them you may issue a legal demand notice for the balance of amount and the interest. If the builder fails to comply with the demands made, you may drag them to civil court for recovery of money by filing money recovery suit.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

thanks for your reply, where should i lodge case with consumer forum, i tried to lodge online but dont see anyone working on this, do i need to go to court? i am a private company employee and hardly get any time on week days what will be the best way to deal with them? also i have receipt from them of my money , will it be sufficient to show it as a prove?

You may consult an advocate in the local and discuss the matter at depth and either file the case as a party in person or through the advocate itself.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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