• Money stuck in commercial property space

I invested around 40 lakhs in SRS Emerald Court, Faridabad in 2014. It was a scheme where I would get 12% yearly and the payment would be done monthly to my bank account. Since March 2017, I have stopped getting any monthly interest nor do the authorities reply to my emails/letters. I have visited their offices in Faridabad personally but they treat me rudely and dont even let me meet the officials. They keep sending me from here and there. 
I left my job in 2013 for various health reasons and invested my money here for a sustained income. I have a daughter doing medical and a son doing engineering, both from private colleges and I also have few loans to pay off as well. I have tried so many things but nothings working on and is really affecting my mental and physical health. 
That was all the money I had and I am starting to lose hope... It won't be far until when our daily survival would become impossible. I would be highly obliged if someone could give me an honest insight on this matter. If you need any more details, I am willing to provide it.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

Sir,

I understand that apathy that you are going through right now, you have a remedy to approach the consumer forum for the disposal of this query. However going to the consumer forum also will not give you immediate relief, as of now you can try and send them a legal notice and see the reply that they give, if you do not get an early reply you can go and file can file a consumer case and also file a complaint in the police station. Filing it at both the forums, might help you in getting your money.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is a case of breach of contractual obligations. So you can initially serve them a lawyer's notice to honour their part of the contract, and if they still do not, a suit for mandatory injunction can be filed by you in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Investment in right place is good in life. Do you want to get back the whole amount or monthly interest?

Perusal of document which relates your deposit and its terms and condition is very important to give an answer to your query.

Send a legal notice with regard to payment of interest from the company immediately. Approach the civil court for return of money if they are not willing to return the same.

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

Dear Concerned,

The Assured Return Schemes are not approved by any law - and hence people enter into such schemes at their own risks, however in such a case your interest is covered by Consumer Laws and Criminal laws as well.

Lets look at Litigation - You can choose to file consumer case and ask for 100% refund of your money - however it would take many years for this to be settled.

Criminal complaint on the basis of cheating and harassment can be filed and this may lead to settlement as well - however police may not register the complaint stating civil nature of the case.

At this point it is suggested to try speaking with the competent persons at the builders office for status of assured return , if they do not reply or entertain , FINELY GO THROUGH the terms of cancellation of the Builder buyer Agreement and send them an email for cancellation of your booking and asking for refund of money , also send them a speed post of the same followed by sending them a legal notice.

You should be able to get your money within 8-10 months if the developer is courteous enough to refund the money on cancellation.

Best of Luck.

Atulay Nehra
Advocate, Noida
1319 Answers
58 Consultations

1) issue legal notice to borrower to repay your Rs 40 lakhs with interest

2) if they refuse to pay file police complaint against them for cheating , criminal breach of trust under section 406, 420 of IPC

3) also file summary suit under order XXXVII of CPC to recover your money with interest

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hi, you have to file a police complaint against them for cheating and you Can also file suit for recover of money along with interest in the District Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Such investments are always risky.

There have been many scams in the disguise of such reputed investments that shook the country in the past.This appears to be one more such fraud institution.

However you can issue a legal notice to the company communicating that you are cancelling the investment and your money may refunded and interest to be paid until them till the date of settlement including payment of arrears of interest.

After this you can file a recovery suit before the civil court to recover the amount.

You may even vie the option to lodge a criminal complaint against the organisation if you dont see any light in the tunnel

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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